Can Investigators Share Bank Records Between Cases Without a New Search Warrant?
An officer in South Dakota asks whether bank records another agency obtained by search warrant can be used on his own case, or whether he needs a new warrant. Anthony walks through the first look and second look distinction.
When Can Police Search Someone’s Trash?
Trash pulls have been around a very long time and they can produce a massive amount of evidence. Anthony walks through the general rule of abandonment, what changes when the can is still on the property or the curtilage, how to handle community dumpsters, and why the best practice is to let the collection company do it.
Are Orders to Detain and Transport a Suspect for an Interview Lawful?
An officer in Missouri asked about a common practice in Kansas City, where prosecutors issue a stop order or person of interest order and the person is then handcuffed and transported to the station for a formal interview. Anthony walks through why that is fine if the order rests on probable cause, and why it is a serious problem if it does not.
Can Police Open a Mailbox to See Who Lives There?
No privacy interest in what is printed on an envelope. The problem is lawful access: walking onto the curtilage just to check a mailbox is a Jardines trespass.
Can Police Pull People Out of a Motel Room While Getting a Search Warrant?
An officer in Kansas pushed back on detectives who wanted to freeze a motel room and pull the occupants out. Anthony Bandiero on when a premises freeze is lawful.
Act Natural
Retired FBI Agent and Award-Winning Author Joe Navarro once said that the ability to notice and interpret behaviors requires constant practice and attention to detail; otherwise, the skill atrophies. In the realm of law enforcement, specifically proactive policing tactics, this could not be more true. As a current Sergeant over a proactive vice crimes/crime suppression unit, […]
When Telling the Truth Isn’t Enough: The Overlooked First Step in Preparing for Court
When Telling the Truth Isn’t Enough: The Overlooked First Step in Preparing for Court By Jessica Walsh, Legal Instructor, Blue to Gold Prosecutors are often asked, “What is the single most important thing an officer can do to prepare for courtroom testimony?” The answer most frequently given is simple: just tell the truth. While accurate, […]
Should Officers be Obligated to Report Suppressed Evidence?
Should an agency have a policy that requires officers to notify their supervisors when evidence is suppressed in court? When a judge orders evidence suppressed, the judge is declaring the evidence was obtained unlawfully and is therefore inadmissible in the criminal trial. Shouldn’t the officer’s agency be made aware when this happens? Municipalities can be […]
Undercover Operations and the Sixth Amendment
The Sixth Amendment right to counsel provides that a criminal defendant has the right to the effective assistance of an attorney during all critical stages of prosecution once the defendant has been formally charged. The Sixth Amendment right to counsel is charge-specific, meaning its protections only apply to any formally charged matter. One such critical stage of prosecution […]
Can You Mix Small Talk Into Miranda Warnings?
A sexual assault investigators class taught officers to read Miranda one right at a time with chit-chat in between. Is that valid substantial compliance, or softening up the suspect?
Seizing a Victim’s Cellphone
The question: Can officers routinely seize a victim’s cell phone if they’re the victim of a drive by shooting? He goes on to say, “Look, I’m an officer here, working at CHP. And we’ve had a lot of shootings that occur in my area, right? So we get out there, and we have some victims […]