Open View Versus Plain View
Today, I want to share the difference between open view and plain view, two legal concepts that often come up in law enforcement. Open View Open view occurs when you are in a non-protected area and observe incriminating evidence. It’s called “open view” because it typically happens in open fields. Now, what exactly is an […]
Can Cops Order Suspect Out of Home During DV Call?
A roadside chat from the studio. This one comes from an officer in Texas, where they call domestic violence family violence, and it has a few moving parts in it. Can we order domestic violence suspects out of their home? I’m going to call this question: can we order domestic violence suspects out of their […]
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 […]
Can Police Conduct Knock and Talks at Odd Hours of the Night?
This question came from an officer in Texas who wanted clarification on knock and talks, and in particular whether police can do a knock and talk at odd hours of the night. The answer runs through a First Circuit case that had been decided just a few months before this was recorded. Can you do […]
Can Cops Enter Home to Arrest Husband for Domestic When He Says You Cant Come In?
Recorded on the road in Addison, Texas, where Blue to Gold was training the entire police department at the fire station. The question came from an officer in Iowa who was already familiar with Georgia v. Randolph and Payton v. New York. Can you go into an apartment to arrest the husband for domestic if […]
Can an Officer Put a Foot in the Door During a Knock and Talk?
Chocking the door open with your boot so the occupant cannot close it. Is that a search, a seizure, or neither? Why it implicates the Fourth Amendment either way, and what could justify it.
Can a Driveway Traffic Stop Allow a K9 Sniff?
A question about traffic stops and drug dogs: if a person pulls into the driveway during a traffic stop, would that also allow you to do a K9 sniff? Anthony recorded this answer in Boston in 2024, before the show floor opened up, because once it does it gets very loud in there with 20,000 […]
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 […]
Being Told to Leave During a Knock and Talk
If a citizen tells a cop to leave during a knock and talk, does the cop have to leave? This question actually comes from a citizen, a non-police officer. I think it’s great that non-police officers are also reaching out to see if I can help them with their constitutional questions. I want to help […]
Body Snatching
Here is the question: Can an officer reach slightly into a person’s home to pull them out and arrest them? If an officer has probable cause, but no arrest warrant, and the person opens up the door, they’re talking to the officer, and the suspect is just an inch inside his house, would it be […]
No Trespassing Signs
Here is a question that we frequently encounter: Will a “No Trespassing” sign and a closed gate prohibit you from doing a knock and talk? Let me give you some context here. Some deputies in a rural setting want to do a knock and talk on a burglary suspect. They don’t have probable cause to […]
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. […]
Community Caretaking and Red Flag Laws
This is a commentary on Corniglia V. Strong, US Supreme Court, May 17, 2021. This is a massively, important case on two fronts. Number one: firearm confiscation and red flag laws. Number two: a little more guidance on the so called Community Caretaking Doctrine as it applies to homes. Why did officers enter a home […]
Drug Sniffing Dog in Motel or Apartment Hallway
Yes in a motel hallway, no in an apartment hallway. Neither is curtilage, but courts find a reasonable expectation of privacy in the apartment hallway because that is a traditional home.