Can a Hospital Trespass a Patient Who Refuses to Leave?
An officer in California keeps getting called to the same ER lobby for the same discharged patient who will not leave and wants to be seen again. Anthony walks through Penal Code 602, why a hospital is not a public forum, the federal screening law that complicates it, and why this one is above the patrol officer’s pay grade.
What Is Reason to Believe a Warrant Subject Is Home Under Payton?
An officer in South Dakota has a felony warrant, a landlord confirming the address, the subject’s car out front, lights and voices inside, and lights going out when they knock. Some co-workers still say go get a warrant. Anthony walks through what Payton actually requires and why asking for a warrant answers your own question.
What If a Passenger Refuses to Get Out of the Vehicle?
A chief in Pennsylvania asks what you actually charge when a passenger refuses a lawful order to exit. Anthony covers Mimms and Wilson, why he has never seen a case on it in twenty years, and the question the judge is going to ask you about why you wanted the passenger out in the first place.
Can You Arrest a Robbery Suspect Who Tells You to Leave His Curtilage?
Officers had probable cause for a strong armed robbery, no arrest warrant, and a suspect on his own front porch telling them at least five times to leave. Anthony walks through the Fourth Amendment rules of engagement for curtilage, why a felony by itself is not exigency, and why the hardest skill in police work is recognizing when you have been legally beat.
Can You Arrest Based Only on a Verbal Allegation?
One person says they were struck, the other says it never happened, and there is nothing else. Generally the rule is no. Here is what turns an accusation into probable cause, and how immunity cuts both ways.
Can You Arrest for Driving While Suspended, Search, Then Release?
Arrest on an arrestable offense, search incident to it, and let them go if nothing turns up. The Supreme Court closed this door in Knowles v. Iowa, and here is why the custodial arrest is the whole point.
Can You Arrest for DUI If You Never Saw Them Driving?
Most DUI statutes cover actual physical control proven circumstantially, so a conviction without seeing the driving is possible. The intervening drink at home is what breaks this particular case.
Can Police Arrest for a Felony Committed Days Earlier?
There is no stale felony rule. If you have probable cause that the person committed a felony, you can arrest days later, and you can Mirandize him about it.
Can Police Re-Enter a Home to Get Clothes for a Child in Protective Custody?
Both parents arrested, an 8-year-old in nothing but shorts, and an administrator telling officers to go back in the house. Whether re-entry for clothing holds up.
Can Cops Demand ID From Passengers If They Smell Marijuana in the Car?
An Iowa officer smells marijuana in a car with five occupants. The passengers refuse to identify. Anthony Bandiero walks through reasonable suspicion, nexus, and whether to arrest.
When Can You Do a Protective Sweep With an Arrest Warrant?
An arrest warrant gets you in the door only if you have reason to believe the suspect is home. What happens when consent is revoked and officers keep looking.
What Is Probable Cause? (And Why It Won’t Win Your Case)
All right, let’s talk about this thing called probable cause. Probable cause is the standard needed to do various things, like arrest people, search their cars, and it’s used for exigent circumstances. But probable cause simply requires a fair probability that something’s occurring. A fair probability, usually, of a crime being committed. As the Supreme […]
Why Did Evidence in Luigi Mangione’s Trial Get Suppressed?
Overview Following the high-profile homicide of UnitedHealthcare CEO Brian Thompson in New York in December 2024, defendant Luigi Mangione was indicted of second degree murder. A few days after the alleged crime, local police found Mr. Mangione in a McDonald’s in Altoona, Pennsylvania. Both a search incident to arrest (SITA) and inventory were performed of […]
Search Incident to Arrest (SITA) in Florida
A “search of an item from which a defendant has been physically separated cannot be upheld” under the search-incident-to-arrest (SITA) exception. Overview Warrantless “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment, subject only to a few specifically established and well-delineated exceptions.” “Searches […]
Can Police Search a Car After Arresting the Driver for DUI?
Two routes: probable cause under the motor vehicle exception, or Gant reason-to-believe, which is a lower standard than probable cause. Just never tell a court the search was automatic.