The Search and Seizure Show - November 29, 2022

Search and Seizure Show Chapter I:

Questions include:
00:55 Towing vehicles from curtilage
06:53 Question regarding the Gant case and how it applies
10:16 Freezing and entering a 3rd party homes in order to get an arrest or search warrant
16:22 Is intentionally placing two suspects in a patrol car together a violation of Miranda?
22:01 Can a partner of mine ask a suspect questions if I'm the one that got a Miranda waiver?
24:03 Is a search warrant required for a shooting scene inside the home?
30:17 Piggyback Search Warrant
32:39 Identifying passengers due to no driver's license
35:00 Can officer enter a home for a civil stand-by if one party allows it and the others expressly prohibits it?
39:00 Is it illegal to search a person's bag to find identification only for someone who is being trespassed?
44:48 Can homicide evidence be suppressed because of an unlawful search/seizure?
48:50 Can police make a warrantless vehicle search when an RP saw driver whisking a gun?
54:09: Do drivers have to display a driver's license at a DUI checkpoint?

--

City's systematic addition of driver's license checks to otherwise valid sobriety checkpoint was objectively reasonable under Fourth Amendment; because removing unlicensed drivers from road served vital interest in highway safety that would itself justify traffic checkpoint, request to produce license at otherwise valid sobriety checkpoint clearly served equally weighty interest, license checks were appropriately tailored to advancing interest in ensuring that only those qualified to do so were permitted to operate motor vehicles, and license checks interfered only minimally with liberty of the sort the Fourth Amendment sought to protect.

Demarest v. City of Vallejo, California, 44 F.4th 1209 (9th Cir. 2022)

In physically intruding on the curtilage of Collins' home to search the motorcycle, Officer Rhodes not only invaded Collins' Fourth Amendment interest in the item searched, i.e., the motorcycle, but also invaded Collins' Fourth Amendment interest in the curtilage of his home. The question before the Court is whether the automobile exception justifies the invasion of the curtilage.2 The answer is no.

Applying the relevant legal principles to a slightly different factual scenario confirms that this is an easy case. Imagine a motorcycle parked inside the living room of a house, visible through a window to a passerby on the street. Imagine further that an officer has probable cause to believe that the motorcycle was involved in a traffic infraction. Can the officer, acting without a warrant, enter the house to search the motorcycle and confirm whether it is the right one? Surely not.

1516 The reason is that the scope of the automobile exception extends no further than the automobile itself.

Collins v. Virginia, 138 S. Ct. 1663, 1671, 201 L. Ed. 2d 9 (2018)

Seriousness of offense of homicide with which defendant was charged did not, of itself, present such exigent circumstances as to justify four-day search of apartment, especially since there was no emergency threatening life or limb as all persons in the apartment at the time of the shooting had been located before the search began.

Mincey v. Arizona, 437 U.S. 385, 98 S. Ct. 2408, 57 L. Ed. 2d 290 (1978)

“Once petitioner admitted ownership of the sizable quantity of drugs the police clearly had probable cause to place the petitioner under arrest. Where the formal arrest followed quickly on the heels of the challenged search of petitioner’s person, we do not believe it particularly important that the search preceded the arrest rather than vice versa.” Rawlings v. Kentucky, 448 U.S. 98, 111, 100 S. Ct. 2556, 65 L. Ed. 2d 633 (1980)

If you like this video, don’t forget to like and subscribe to our channel for more legal updates!

—

The Search and Seizure Show is a podcast-style showroom where Anthony Bandiero answers a lot of answers from officers.

🚨 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 #DUI #gant #evidence #driveway #tow