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Practical case law analysis, officer-safety guidance, and legal updates written for today's law enforcement professionals.

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231 articles

Losing Qualified Immunity
Law Enforcement Liability

Losing Qualified Immunity

Today s question is so important. It s important to every single officer watching my videos and reading my blog. The question is, What happens if we lose qualified immunity? It s on your mind, I know it is. And if you ve already lost qualified immunity in some of the states like Colorado, New York and New Mexico,

October 26, 2023 Blue to Gold
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Evacuation Centers and The Fourth Amendment
4th Amendment Basics

Evacuation Centers and The Fourth Amendment

How does the Fourth Amendment apply to evacuation shelters? My name is Anthony Bandiero. I’m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training. So let’s go through this. The question comes from an officer in Florida. After a hurricane or other natural disaster, hundreds of people are displaced temporarily, to

October 26, 2023 Blue to Gold
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Seizing a Victim’s Cellphone
Detectives

Seizing a Victim’s Cellphone

The question: Can officers routinely seize a victim’s cell phone if they re the victim of a drive by shooting? He goes on to say, “Look, I m an officer here, working at CHP. And we ve had a lot of shootings that occur in my area, right? So we get out there, and we have some victims

October 26, 2023 Blue to Gold
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Covering Cameras During Knock and Talk
Homes and Curtilage

Covering Cameras During Knock and Talk

Can police cover up cameras during a knock and talk? That s a good question. This question comes from a civilian in New Jersey. You know that I enjoy answering questions from civilians as much as I do from cops, because I think it s important for all of us to know the law. This person says,

October 26, 2023 Blue to Gold
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Lawful Police Conduct During a Drug Investigation
4th Amendment Basics

Lawful Police Conduct During a Drug Investigation

Our question is: Were the police lawful during this drug investigation? This is a bit of a long fact pattern. There s a lot to it so this is going to take a little longer than usual. But isn t that why we re here, so I can dissect the legal issues that you are facing out there

October 26, 2023 Blue to Gold
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Are Passengers Allowed to Leave The Traffic Stop?
Traffic Stops and Vehicles

Are Passengers Allowed to Leave The Traffic Stop?

The question that we have this time is: Are passengers free to leave a traffic stop? The short answer is “NO.” Here s why. Are passengers seized during a traffic stop? The US Supreme Court has stated in a few decisions that passengers are seized under the Fourth Amendment when they are in a vehicle during

October 26, 2023 Blue to Gold
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Entering a Home to Seize a Person For a Mental Evaluation
Homes and Curtilage

Entering a Home to Seize a Person For a Mental Evaluation

May police enter a home to take somebody into custody for a mental evaluation? This question comes from an officer in Texas. He says, “As we all know, police have been increasingly contacting people with mental illness. Most of these subjects are encountered in public places where officers are able to make a face to

October 26, 2023 Blue to Gold
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Searching a Parked and Unoccupied Car in New Jersey with PC
Traffic Stops and Vehicles

Searching a Parked and Unoccupied Car in New Jersey with PC

Can New Jersey police officers search a parked and unoccupied car with probably cause? Great question. My name is Anthony Bandiero. I m an attorney and senior legal instructor for Blue to Gold Law Enforcement Training. I do teach in New Jersey, and I m a licensed New Jersey attorney. This answer is obviously going to be

October 26, 2023 Blue to Gold
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Privacy Interest Around a Homeless Tent
Homes and Curtilage

Privacy Interest Around a Homeless Tent

“Does a homeless person have a reasonable expectation of privacy in areas around an illegal encampment?” This comes from an officer in Las Vegas Metro PD. What were the facts of this encampment search? An arrest was made on a homeless lady who had more than 150 grams of meth. She was trespassing by a

October 26, 2023 Blue to Gold
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