Ep #429 Where are police allowed to park when patrolling?
Roadside Chat: Where are police allowed to park when patrolling?
In this video, Anthony Bandiero answers: When the police are trying to catch someone committing a traffic infraction where are they allowed to park and where aren't they allowed to park?
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4
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Ep #428 Can officers remove key from unoccupied vehicle with engine on?
Roadside Chat: Can officers remove key from unoccupied vehicle with engine on?
In this video, Anthony Bandiero answers the question: Can officers enter an unoccupied vehicle with the engine activated and remove the key from the ignition?
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Ep #427 How far can police look inside the car in terms of inventories before towing?
Roadside Chat: How far can police look inside the car in terms of inventories before towing?
In this video, Anthony Bandiero answers: There is no probable cause to search the vehicle, but the officer is required by policy to conduct an inventory prior to removal by the tow company. How far can the officer check the vehicle?
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16
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Ep #424 Can police demand ID of a driver if the registered owner's license is suspended on MDT?
Roadside Chat: Can an officer still demand ID of driver (not the registered owner) if the RO is showing suspended on MDT
In this video, Anthony Bandiero answers: After knowing that the driver is a different person from the vehicle's owner with a suspended license, can police still demand driver's license of the driver?
Cases mentioned:
📌 U.S. vs. Jones, 565 U.S. 400, 2012 - Jones "GPS" Case
📌 U.S. vs. Lovell, 849, F.2d 910, 913 (5th Cir. 1988)
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24
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Ep #423 Question about the "Cat out of the bag" type searches
Roadside Chat: Question about the "Cat out of the bag" type searches
In this video, Anthony Bandiero talks about "Cat out of the bag" searches.
This phrase is used when a private person searches a person's property and they find evidence. Can a law enforcement officer use this evidence?
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6
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Ep #422 Search of a vehicle incident to a warrant arrest
Roadside Chat: Search of a vehicle incident to a warrant arrest
In this video, Anthony Bandiero answers the question: Was the search of the vehicle incident to the warrant arrest for prior possession of narcotics charges good?
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8
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Ep #421 Search Incident to a Criminal Summons
Roadside Chat: Search Incident to a Criminal Summons
In this video, Anthony Bandiero talks about summons and answers the question: Can LE search incident to arrest on summons?
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18
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Ep #418 Searching a person based from smell of marijuana
Roadside Chat: Searching a person based from smell of marijuana
In this video, Anthony Bandiero answers the question: Can you search a person with smell/plain view/or other immediate probable cause during either a consensual encounter or investigative detention?
📌 Police officers had probable cause to search defendant's person, rather than merely defendant's vehicle, after smelling odor of burnt marihuana emanating from vehicle; car was small, enclosed area.
Jordan v. State, 394 S.W.3d 58 (Tex. App. 2012)
📌 Odor of marihuana alone is sufficient to constitute probable cause to search a defendant's person, vehicle, or objects within the vehicle.
Small v. State, 977 S.W.2d 771 (Tex. App. 1998)
📌 Evidence that accused had previously been convicted of possession of marihuana and that odor of marihuana emanated from automobile which accused was driving was sufficient to show that accused knew that marihuana found in pipe on his person and in cigarette butts found in ashtray of automobile was contraband.
Ross v. State, 486 S.W.2d 327 (Tex. Crim. App. 1972), overruled byWalters v. State, 359 S.W.3d 212 (Tex. Crim. App. 2011)
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22
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Ep #417 Searching subjects based on their Gender Identity
Roadside Chat: Searching subjects based on their Gender Identity
In this video, Anthony Bandiero talks about how police can conduct on a person who identifies differently from their biological/birth sex.
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3
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Ep #416 Citizens arrest in California
Roadside Chat: Citizens arrest in California
In this video, Anthony Bandiero talks about the proper procedure for cite and release on misdemeanor crimes.
📌 PC 836
(a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence.
(2) The person arrested has committed a felony, although not in the officer’s presence.
(3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
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16
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Ep #414 Probable Cause, Training and Experience, and Warrants
Roadside Chat: Probable Cause, Training and Experience, and Warrants
In this video, Anthony Bandiero talks about Probable Cause, Training and Experience, and Warrants.
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The Search and Seizure Show - January 15, 2023
The Search and Seizure Show Chapter II:
Questions include:
3:48 Can you shake a detained person's belt during a pat down/frisk?
8:15 Can you interrogate a suspect in custody, even if they invoke on an unrelated charge?
19:05 Photo Line-up
26:57 Can police seize a stolen car from curtilage?
31:54 Is a person search legal if drug sale observed on cameras?
41:55 Can police turn off phone recording if it's going to be seized?
46:39 PC search of person in vehicle
52:59 Can you run checks on serial numbers of electronics or other items of value during an inventory search?
57:30 How does Kingsley v Hendrickson change Use of Force reasonableness?
1:02:00 Is search incident to arrest applicable to a cite/release DUI?
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Ep #413 Can police look for the fugitive inside the family's residence?
Roadside Chat: Can police look for the fugitive inside the family's residence?
In this video, Anthony Bandiero answers the question: Can police look for the fugitive inside the family's residence?
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Ep #412 Are passengers allowed to leave during a traffic stop?
Roadside Chat: Are passengers allowed to leave during a traffic stop?
In this video, Anthony Bandiero talks about traffic stops and answers the question: Are passengers allowed to leave during a traffic stop?
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Ep #411 Can police get into a stolen car and conduct a motor vehicle exception type search?
Roadside Chat: Can police get into a stolen car and conduct a motor vehicle exception type search?
In this video, Anthony Bandiero and Chance McClish talks about motor vehicle exceptions.
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Ep #410 When can police order a person to remove hands from their pockets?
Roadside Chat: When can police order a person to remove their hands from their pockets?
In this video, Anthony Bandiero and Chance McClish talks about consensual encounter and reasonable suspicion.
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Ep #409 Who can consent to search a rental vehicle if a cop pulls it over?
Roadside Chat: Who can consent to search a rental vehicle if a cop pulls it over?
In this video, Anthony Bandiero and Chance McClish talks about car rentals, consent, and seizure.
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3
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Ep #408 When can a School Resource Officer (SRO) Frisk a Student based on an Anonymous Tip?
Roadside Chat: When can a School Resource Officer (SRO) Frisk a Student based on an Anonymous Tip?
In this video, John Wiehn answers: Which recognized exception allows a school police officer to frisk a juvenile on campus based on an anonymous tip that the juvenile has a gun?
Cases referenced:
Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868 (1968)
Safford Unified Sch. Dist. #1 v. Redding, 129 S. Ct. 2633 (U.S. 2009)
New Jersey v. T. L. O, 469 U.S. 325, 105 S. Ct. 733 (1985)
Florida v. J. L., 529 U.S. 266, 120 S. Ct. 1375 (2000)
In re Roy L, 197 Ariz. 441, 4 P.3d 984, 312 Ariz. Adv. Rep. 19 (Ariz. Ct. App. 2000)
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Ep #407 If consent to search is denied can I continue the consensual encounter?
Roadside Chat: If consent to search is denied can I continue the consensual encounter?
In this video, Anthony Bandiero talks answers the question: During a consensual encounter I ask for consent to search their person, bag or vehicle and they deny consent, can I continue the consensual encounter to try to build RAS or gather some other type of info or would the encounter have to cease?
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#LawEnforcementTraining #PoliceTraining #LegalEducation #consent #consentsearches #police #search #searchandseizure #seizure
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Ep #406 Non-owners giving consent to search car
Roadside Chat: Non-owners giving consent to search car
In this video, Anthony Bandiero talks about consent to search.
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Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.
🚨 Have a search and seizure question in mind? Send it here and have it answered by Anthony: https://www.bluetogold.com/show
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Ep #405 Telling someone if consent is denied, K9 will be called
Roadside Chat: Telling someone if consent is denied, K9 will be called
In this video, Anthony Bandiero answers the question: Would telling someone what you could do prior to consent be considered coercion?
Vehicle passenger's consent to search of vehicle that was owned by his father and driven by his friend was voluntary following investigatory detention preceded by traffic stop; there was no evidence of police abuses, aggressive tactics, physical contact, or the use of physical restraints any time during the detention, passenger was advised that he was free to leave, passenger initially refused consent to search and such refusal was accepted without argument by officer, and officer merely explained that passenger could either consent or wait for drug-sniffing dog to arrive.
Com. v. Caban, 2012 PA Super 278, 60 A.3d 120 (2012)
An officer is free to inform a person that, in the event that consent is withheld, he will seek a search warrant.
State v. Berg, 223 Or. App. 387, 196 P.3d 547 (2008), opinion adhered to as modified on reconsideration, 228 Or. App. 754, 208 P.3d 1006 (2009)
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Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.
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Ep #405 After an Arrestee Invokes his Miranda Rights, when can Officers again Seek a Waiver?
Roadside Chat: After an Arrestee Invokes his Miranda Rights, when can Officers again Seek a Waiver?
In this video, John Wiehn answers: Is there a difference between invoking the right to silence and the right to counsel? Can officers use a Beheler admonishment to obtain valid waivers from in-custody suspects who have invoked their right to counsel on a different, unrelated case?
Cases referenced:
Michigan v. Mosley, 423 U.S. 96, 96 S. Ct. 321 (1975)
Edwards v. Arizona, 451 U.S. 477, 101 S. Ct. 1880 (1981)
Arizona v. Roberson, 486 U.S. 675, 108 S. Ct. 2093 (1988)
Minnick v. Mississippi, 498 U.S. 146, 111 S. Ct. 486 (1990)
Maryland v. Shatzer, 559 U.S. 98, 130 S. Ct. 1213, 175 L. Ed. 2d 1045 (2010)
California v. Beheler, 463 U.S. 1121 (1983)
Cases mentioned:
📌 U.S. vs. Jones, 565 U.S. 400, 2012 - Jones "GPS" Case
📌 U.S. vs. Lovell, 849, F.2d 910, 913 (5th Cir. 1988)
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Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.
🚨 Have a search and seizure question in mind? Send it here and have it answered by Anthony: https://www.bluetogold.com/show
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12
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Ep #404 After an Arrestee Invokes his Miranda Rights, when can Officers again Seek a Waiver?
Roadside Chat: After an Arrestee Invokes his Miranda Rights, when can Officers again Seek a Waiver?
In this video, John Wiehn talks answers the questions: Is there a difference between invoking the right to silence and the right to counsel? Can officers use a Beheler admonishment to obtain valid waivers from in-custody suspects who have invoked their right to counsel on a different, unrelated case?
Cases referenced:
Michigan v. Mosley, 423 U.S. 96, 96 S. Ct. 321 (1975)
Edwards v. Arizona, 451 U.S. 477, 101 S. Ct. 1880 (1981)
Arizona v. Roberson, 486 U.S. 675, 108 S. Ct. 2093 (1988)
Minnick v. Mississippi, 498 U.S. 146, 111 S. Ct. 486 (1990)
Maryland v. Shatzer, 559 U.S. 98, 130 S. Ct. 1213, 175 L. Ed. 2d 1045 (2010)
California v. Beheler, 463 U.S. 1121 (1983)
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Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.
🚨 Have a search and seizure question in mind? Send it here and have it answered by Anthony: https://www.bluetogold.com/show
Blue to Gold Training:
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Ep #403 Entering home to render aid despite occupant saying get out
Roadside Chat: Entering home to render aid despite occupant saying get out
In this video, Anthony Bandiero talks about emergency aid exception.
The Tenth Circuit adopted a new two-part test that asks, like the test we adopt here, “whether (1) the officers have an objectively reasonable basis to believe there is an immediate need to protect the lives or safety of themselves or others, and (2) the manner and scope of the search is reasonable.”
United States v. Snipe, 515 F.3d 947, 953 (9th Cir. 2008)
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Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.
🚨 Have a search and seizure question in mind? Send it here and have it answered by Anthony: https://www.bluetogold.com/show
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2
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Ep #402 Does a 'Foul Odor' permit a Warrantless Entry into a home?
Roadside Chat: Does a 'Foul Odor' permit a Warrantless Entry into a home?
In this video, John Wiehn answers the question: If officers receive a report of a "foul odor" coming from a home, but contact the sole known resident and he appears fine, can officers still make a warrantless entry?
Cases referenced:
📌 Caniglia v. Strom, 141 S. Ct. 1596 (2021)
📌 Brigham City v. Stuart, 547 U.S. 398, 126 S. Ct. 1943 (2006)
📌 Michigan v. Fisher, 558 U.S. 45, 130 S. Ct. 546 (2009)
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Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.
🚨 Have a search and seizure question in mind? Send it here and have it answered by Anthony: https://www.bluetogold.com/show
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#LawEnforcementTraining #PoliceTraining #LegalEducation #foulsmell #entry #homeentry #warrantless #warrantlessentry
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