Does Payton v. New York Apply to Porch Arrests? Explained for Officers
Officers go to a person’s residence during an investigation. They do not have an arrest warrant. The concern raised is officers going to someone’s home or porch with the intent to arrest them and using a knock on the door as a way to accomplish that arrest. There is no suggestion that the occupant has […]
Retired Officer Was Told He Couldn’t Conceal Carry Under LEOSA
Ten years, a retirement credential, and a qualification inside the last year. Retirement by itself is not a basis to deny carry. And something is missing from this story, because Florida has constitutional carry.
Can a Person Who Has Access Code Give You Permission to Enter a Home?
Yes, they had common authority. The caveat is scope. A babysitter has the living room, not the safe. And to search the closed bedroom you need reason to believe he is presently home.
What Do We Do if We Make Stop Under KS V Glover and the Driver Refuses to ID
The surrender-upon-demand statute is for citations, not reasonable suspicion stops, and California has no stop and identify law. But matching every descriptor behind the wheel is probable cause.
Give Me a Couple of Weeks to Think About It—The Shatzer 14-Day Rule Explained
Once an in-custody suspect invokes his Fifth Amendment right to counsel, police are barred from initiating further interrogative efforts on any matter while the suspect remains in custody, unless the suspect has been provided with counsel and counsel is present. Failure on the part of police to adhere to this rule creates an irrebuttable presumption […]
Here’s a Thought… No More Miranda Gift Bags
What needs to change? What is wrong with a free Miranda warning? Why do officers over-Mirandize? The purpose of this article is simply to call attention to a pervasive problem in the law enforcement profession. Solutions to the problem can be fleshed out in future discussions. But without adequately demonstrating that a problem exists, discussion […]
Can Police Enter Locked Room to Arrest DV Suspect?
Can You Enter a Locked Bedroom to Arrest a DV Suspect? Today’s question comes from an officer in Washington. Here’s the scenario: The domestic violence (DV) victim is outside her home, while the suspect is inside, locked in a bedroom. There is probable cause (PC) to arrest the suspect for DV. The victim indicates that […]
Search Incident to Arrest
Can you make a search incident to arrest even if you’re not planning to formally arrest the person and just issue a citation? Today’s question comes from an officer in Colorado. He essentially asked, “If I have probable cause to issue a citation for paraphernalia, can I also search their backpack or their person? Can […]
People v Bland and Search Incident to Citation
All right, we’ve got another question that comes up a lot: Is a search incident to a non-custodial arrest, such as a summons for a crime where evidence could reasonably be located on a person, legal? This one comes from a cop in Colorado who had watched episode 421 on searches incident to a summons. […]
Can Police Arrest Someone on Their Own Porch Without a Warrant?
You can see the suspect standing on his porch. Can you walk up and arrest him? CREW, the color codes, and why a public footpath does not help you.
Entering Curtilage With the Intention to Arrest
Hello everyone. Question for you: can you arrest a suspect who committed domestic violence if he is standing in his fenced in front yard? This question comes from a brand new sergeant in Nevada. The suspect committed a domestic battery with strangulation and child abuse, the victim fled the residence with the child to a […]
Back Yard Arrests
Anthony Bandiero here. The question I have for you is: Can officers go into the backyard when they’re serving an arrest warrant and not violate curtilage? The answer is, “Yes,” officers can do it. And here’s why. First of all, from the Supreme Court’s perspective, the back yard is typically treated like the home itself. […]
Detention for Criminal Trespass
Here is our next question: Can police detain someone to issue a criminal trespass warning if they leave the location after being warned? I’ll explain what’s kind of going on here. This officer is in Texas. He asks: If a business owner or homeowner has told a subject to leave their property, and that subject […]