Premium Only Content

Ep #557 Could police detain a driver suspected for DUI on their property?
Summary:
Anthony and John discuss a court case from Montana that addresses the authority of police officers to make initial contact with individuals who pull into their driveways during a traffic stop. They reference the Supreme Court case Lang v. California, which established that the severity of the crime is a factor in hot pursuit analysis. The Montana court expands on this by considering curtilage as an extension of the home and requiring officers to leave if explicitly told to do so. They also touch on the implications of the case for stolen car recoveries and the need for search warrants in certain situations.
Key Takeaways:
The Montana court case emphasizes that officers must leave a person's property if explicitly told to do so.
Curtilage is treated as an extension of the home and requires officers to have a recognized exception to remain on the property.
The severity of the crime is a factor in determining the extent of police authority during a hot pursuit.
The motor vehicle exception does not apply when a person has entered their driveway or garage.
Officers should consider obtaining search warrants in situations where they need to recover evidence from a person's property.
Quotes:
"The court said that the cop did not give any articulation of impairment." - Anthony
"Montana seems to want their cake and eat it, too." - John
"Courage is treated like the home itself." - Anthony
"You need to go to the curb, describe the person, and come back with your friends." - Anthony
"I'm holding out hope for Texas. That's our last hope. That's our Obi Wan Kenobi." - John
Join the next Search & Seizure show and get your questions answered LIVE ON AIR.
Check the calendar to sign up for free ➜ https://www.bluetogold.com/calendar
If you like this video, don’t forget to like and subscribe to our channel for more legal updates!
—
🚨 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:
➜ Class Schedules - https://www.bluetogold.com/calendar
➜ On-demand Training - https://university.bluetogold.com/
➜ Free Legal Training Webinar - https://www.bluetogold.com/calendar?c...
➜ Book Store and Training Materials - https://www.bluetogold.com/store
CONNECT WITH US:
🌍 Facebook - https://www.facebook.com/bluetogold
📸 Instagram - https://www.instagram.com/bluetogold
🐦 Twitter - https://twitter.com/bluetogold
🎥 TikTok - https://www.tiktok.com/bluetogoldtrai...
💌 LinkedIn - https://www.linkedin.com/company/blue...
#LawEnforcementTraining #PoliceTraining #LegalEducation
-
LIVE
Tucker Carlson
2 hours agoAuron MacIntyre: The American Empire Is Racing Towards Collapse. Here’s How to Prevent It.
3,488 watching -
DVR
Mark Kaye
2 hours ago🔴 Trump and Zelenskyy Plan Oval Office Rematch!
1.66K1 -
Sean Unpaved
1 hour agoBehind the Snap: Unpacking Giants' QB, Saints & Browns Battles, Caleb's Climb, & Cowboys' Plan B
4.62K -
LIVE
Barry Cunningham
5 hours agoBREAKING NEWS: PRESIDENT TRUMP MEETS WITH ZELENSKY AND OTHER WORLD LEADERS!
2,286 watching -
LIVE
StoneMountain64
1 hour agoBattlefield 6 Roundup, and NEW MAP for Battlefield 2042 on the Road to BF6
62 watching -
LIVE
Nerdrotic
4 hours ago $1.25 earnedSuperman GUNNED DOWN | Marvel Phase SUX - Nerdrotic Birthday Nooner 508
666 watching -
18:52
Neil McCoy-Ward
1 hour agoBrace Yourself… They’re Coming for Everything You’ve Got!
886 -
LIVE
Viss
2 hours ago🔴LIVE - Learn To Dominate Battle Royale with Tactics and Strategy! - PUBG
91 watching -
1:01:55
Timcast
2 hours agoGazans BLOCKED From Entering US, Trump CUTS Deportation Backlog For First Time In 20 YEARS
114K73 -
33:38
The Rubin Report
2 hours agoDebunking the Many Myths of Hungary
12.5K3