Practical case law analysis, officer-safety guidance, and legal updates written for today's law enforcement professionals.
231 articles
Can you search an unconscious person s property for their ID? Generally, we cannot search people for identification if they re only being detained. They do have to identify themselves. They don t have to physically provide an ID, but if they fail to identify, then that has legal consequences. Searching them for their ID is a different
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“If after reading a suspect his Miranda rights, he does not acknowledge that he understands them, but begins talking, can the officer continue with the interrogation? This is John Wiehn, attorney and legal instructor for Blue to Gold Law Enforcement Training, with another question on a new topic. In effect, basically, what we re asking is,
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Let s start with some case law. The Ninth Circuit has held that you are allowed to use handcuffs during an investigative detention or traffic stop, if you can articulate it. A good case on this is United States versus Taylor, Ninth Circuit 1983. They basically held that the use of handcuffs, if reasonably necessary, has
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Can you open up a security door during a knock and talk? The officer is asking this question regarding a knock and talk. They don t have a warrant, they don t have exigency, they just want to do a knock and talk. Well, they approach the home, and the home has one of those security doors.
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Can you patdown an overdose suspect? This question comes from an officer in Wisconsin. The officer says, “You respond and revive a suspected overdose patient. Can you conduct a patdown prior to them being transported by EMS? This is for the safety of the staff, due to drug abusers commonly carrying tools related to their
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How can police seize evidence that was obtained unlawfully by another person? Hello. My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from an officer in Miami. He says, ‘We went to a number one call for a domestic disturbance. We re inside the residence
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This is a question that comes up a lot. I m being very proactive about this issue, which is: Can police tag an abandoned or junked vehicle when it s on curtilage? Can police tag a junk vehicle on private property? Okay, here is the scenario. There s a new ordinance. This comes out of the great state
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How can police order potentially smuggled people in a van out? My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training, bringing this question from officer in Illinois. The officer says, “Would it be a Fourth Amendment violation by entering a full size van? It s about 95 degrees
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Can officers open a car door if the driver refuses to identify themselves? I m Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from an Officer in Arizona. Here is the scenario. An officer basically makes a traffic stop, and the driver is refusing to identify themselves,
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