Ep #376 Were police lawful during a drug investigation?
Roadside Chat: Were police lawful during a drug investigation?
In this video, Anthony Bandiero talks about an incident regarding divorced parents. Dad has custody of the kids, and the kid calls up mom as Dad is now passed out allegedly because of narcotics. Mom calls the police. What should the police officers do?
“[T]he police officers in this case had probable cause to believe that a home contained contraband, which was evidence of a crime. They reasonably believed that the home’s resident, if left free of any restraint, would destroy that evidence. And they imposed a restraint that was both limited and tailored reasonably to secure law enforcement needs while protecting privacy interests. In our view, the restraint met the Fourth Amendment’s demands.” Illinois v. McArthur, 531 U.S. 326, 121 S. Ct. 946, 953, 148 L. Ed. 2d 838 (2001).
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