Can Officers Lie During Knock and Talks?
The question of the day is: Can officers lie during a knock and talk? The answer is, “Yes.” Certainly officers are not required to share all their inner secrets about an investigation with an occupant. So that’s not a problem. Courts have upheld deception during investigations for centuries. But I want to transition to another […]
K9 Sniffs in Parking Lots
Today’s question is: Can you run a canine in a motel parking lot? The short answer is yes, you can, and here’s why. A person that is staying at a hotel does not usually have any reasonable expectation of privacy in the parking lot. Think about it. When you go to stay at a Hilton […]
Long Term Stay Eviction
LONG TERM STAY EVICTION Hello again. This is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training, bringing a question from the great state of Idaho, which is going to be my future residence one day. This question is, “Can police evict tenants or occupants from a long term stay […]
Manipulation Rule Relaxed?
This question comes from an officer in Florida. And he asks, “Have courts relaxed the manipulation rule under Terry patdowns?” What the officer’s talking about here is a case that’s called Minnesota versus Dickerson, US Supreme Court. Basically what happened there was that officers patted down Dickerson and they felt an item in his pocket […]
S.W.A.T. In a Neighbor’s Backyard
Anthony Bandiero here to bring you another chat. We’ve got an excellent question here from an officer in California. The officer is basically asking, “Can police go into a neighbor’s backyard during a SWAT operation?” Excellent question. So let me give you a little feedback about the scenario here. During a SWAT operation, let’s say […]
Vehicle Search on Curtilage
We have a great question here today from an officer in the great state of Texas. Alright, so the question is, “Can you search a vehicle on curtilage with exigency?” And let’s go to the scenario. The officer is called to a noise complaint. Upon arrival at a house, he sees a car in the […]
Processing Hotel Room Murder Scene
This question came from an officer yesterday in Jefferson County. It was actually kind of interesting, because what she said was, they had a call for service at a hotel, and this guy died, or let’s just say this guy was killed in a hotel room. Can we process that scene without a warrant? I […]
When Does a Hotel Room Become a Home?
Here is our next question: When does a hotel room become a home or an apartment? If a hotel room is actually constitutionally considered a true home, then you may not be able to evict the occupants without a traditional pre-approval. So let’s walk through this doctrine. Is a hotel room treated like a home? […]
When Can You Seize a Stolen Car From a Driveway?
The tag comes back stolen and the car is sitting in a driveway. Collins v. Virginia says you cannot just take it. What exigency actually looks like, and when to just go get the warrant.
Covering Cameras During Knock and Talk
Can police cover up cameras during a knock and talk? That’s a good question. This question comes from a civilian in New Jersey. You know that I enjoy answering questions from civilians as much as I do from cops, because I think it’s important for all of us to know the law. This person says, […]
Entering a Home to Seize a Person For a Mental Evaluation
May police enter a home to take somebody into custody for a mental evaluation? This question comes from an officer in Texas. He says, “As we all know, police have been increasingly contacting people with mental illness. Most of these subjects are encountered in public places where officers are able to make a face to […]
Privacy Interest Around a Homeless Tent
“Does a homeless person have a reasonable expectation of privacy in areas around an illegal encampment?” This comes from an officer in Las Vegas Metro PD. What were the facts of this encampment search? An arrest was made on a homeless lady who had more than 150 grams of meth. She was trespassing by a […]
Security Door Knock and Talk
Can you open up a security door during a knock and talk? The officer is asking this question regarding a knock and talk. They don’t have a warrant, they don’t have exigency, they just want to do a knock and talk. Well, they approach the home, and the home has one of those security doors. […]
HOT PURSUIT: What are the rules?
“What are the Hot Pursuit requirements?” Let me fill you in on what’s going on with this case so that you have some context. What happened in this case? An officer observes a male about to exit a house, but upon seeing the officer, he steps back in. This is pretty common suspicious behavior, not […]