4th Amendment Basics
When Can Police Enter a Backyard on a Burglar Alarm Call?
The four curtilage factors, why a backyard entry on an alarm is easier to justify than a house entry, and what burglar alarm plus means.
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Arrests
Can Police Re-Enter a Home to Get Clothes for a Child in Protective Custody?
Both parents arrested, an 8-year-old in nothing but shorts, and an administrator telling officers to go back in the house. Whether re-entry for clothing holds up.
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Investigative Detentions
Can You Pat Down a Drug Dealer for Weapons?
The majority rule lets you pat down the seller on a training-and-experience articulation. The buyer is a different question, and so is the car.
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De-Escalation
When Can Police Force Entry on a Suicidal Subject Call?
A third party text message, lights on, no answer at the door. Anthony Bandiero walks through the emergency aid exception and why these facts do not justify forcing entry.
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4th Amendment Basics
Can an Officer Enter a Garage Just to Close It?
The garage door is standing wide open and you want to shut it for the homeowner. Anthony Bandiero on why that is still a home entry, and why de minimis will not save you.
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Detectives
Can Police Pull People Out of a Motel Room While Getting a Search Warrant?
An officer in Kansas pushed back on detectives who wanted to freeze a motel room and pull the occupants out. Anthony Bandiero on when a premises freeze is lawful.
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4th Amendment Basics
What Is the Companion Rule for Pat Downs?
An officer in Texas patted down a man standing behind a marijuana smoker in a high crime area. Anthony Bandiero on the companion rule, and whether that pat down held up.
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Patrol
Can Police Unload or Disassemble a Lawfully Carried Gun During a Traffic Stop?
An officer in Texas asks whether police have to return a firearm to its original state and location after a traffic stop search. Anthony Bandiero on what you can do, and what you should.
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Arrests
Can Cops Demand ID From Passengers If They Smell Marijuana in the Car?
An Iowa officer smells marijuana in a car with five occupants. The passengers refuse to identify. Anthony Bandiero walks through reasonable suspicion, nexus, and whether to arrest.
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