{"id":7502,"date":"2023-10-27T15:25:08","date_gmt":"2023-10-27T15:25:08","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7502"},"modified":"2026-09-17T07:05:10","modified_gmt":"2026-09-17T14:05:10","slug":"s-w-a-t-in-a-neighbors-backyard","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7502","title":{"rendered":"S.W.A.T. In a Neighbor\u2019s Backyard"},"content":{"rendered":"

Anthony Bandiero here to bring you another chat.\u00a0 We\u2019ve got an excellent question here from an officer in California.\u00a0 The officer is basically asking, \u201cCan police go into a neighbor’s backyard<\/a> during a SWAT operation?\u201d<\/strong><\/p>\n

Excellent question.\u00a0 So let me give you a little feedback about the scenario here.\u00a0 During a SWAT operation, let’s say a search warrant, SWAT operators are attempting to establish containment<\/a> next to the house, to the residence, the target.<\/p>\n

Now, they ask permission to go into somebody’s backyard, but they are denied.\u00a0 Can the officers still enter the neighbor’s backyard for containment purposes only or would this be a violation of the Fourth Amendment?\u00a0 Excellent question!<\/p>\n

Do you need exigency to enter a neighbor’s yard for containment?<\/h2>\n

Here’s your answer.\u00a0 Do you have exigency<\/a>?<\/strong>\u00a0 Do you have the exigency just to get you into people’s backyards if there’s no time to go get additional pre-approval to be in these neighbors\u2019 backyards?\u00a0 By the time you get that approval, something bad could happen.<\/p>\n

In 2022, we’re not dusting off SWAT unless it’s pretty serious.\u00a0 This is my impression out there, because of the liability that comes with SWAT operations.\u00a0 So we’re getting our operators out, and we’re gearing up.\u00a0 It’s for a serious situation, right?\u00a0 People have guns, and so forth.\u00a0 That could be a menace.<\/p>\n

So I want to know what the operation is about.\u00a0 You’re going to have to sell me on it.\u00a0 But you get my point.\u00a0 So the answer is, \u201cLook, do you have exigency?\u201d\u00a0 Do you have some kind of public safety issue that if you are not in that backyard, this guy could escape and hurt other people?<\/p>\n

This is his neighbor’s house, the only yard that you could actually use to potentially contain this person.\u00a0 There’s no alley, there’s a huge retaining wall on the other side.\u00a0 In other words, this neighbor, like it or not, has the the best place for us to to be in case this guy comes out. So knowing that will help.<\/p>\n

Can the neighbor sue if you enter the backyard after they said no?<\/h2>\n

But if we go into that backyard, we could go to court, and we could get sued.\u00a0 These neighbors are already denying entry.\u00a0 So you know what’s going to happen.\u00a0 If the cops go back there anyway, they’re likely to get sued, right?\u00a0 They’re already kind of giving you a heads up, like; \u201cWe’re not on your side on this one. You can’t go into our backyard.\u201d\u00a0 So expect a lawsuit.<\/p>\n

And, especially because you cops have a little heads up on this, you better feel damn good about what you’re doing, because you want to be defensible.\u00a0 You don’t want to be on the fence here and be like, \u201cYeah, you know, could have gone either way.\u00a0 I decided to do it anyway.\u201d<\/p>\n

Nobody wants to be in a lawsuit and lose.\u00a0 Now, you can’t stop people from suing you.\u00a0 But losing costs a lot of money, right?\u00a0\u00a0 Fighting them costs a lot of money.\u00a0 So my advice is: be sure you have exigency!<\/p>\n

Should you get a supervisor to sign off before entering?<\/h2>\n

My other advice to you, by the way, is to push up it the chain, unless you have something pressing right now, and there are people\u2019s lives in danger.\u00a0 But if you\u2019ve got a few seconds, I would like to have somebody on scene; a lieutenant, or a sergeant to work with.\u00a0 I like to push it up the chain to the command level.\u00a0 I like to get their buy-in, because the last thing that I want personally, is to find out that my own brass doesn’t have my back if I push my way into that backyard.<\/p>\n

Does that make sense?\u00a0 There you go, guys.\u00a0 If you have exigency, you win. \u00a0If you don’t have exigency, you lose.\u00a0 <\/strong>Okay, that’s all I have for you on this topic.\u00a0 Do you want me to keep doing these?\u00a0 Do these help?\u00a0 Then of course, let me know, and keep the questions coming!<\/p>\n

Until next time, my friends stay safe!<\/p>\n

Related from Blue to Gold<\/h2>\n