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PODCAST

The Search & Seizure Show

Anthony Bandiero

Attend these weekly podcasts for latest legal updates, search and seizure law, and open question session.

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All Episodes

6:53

Can a cop conduct a protective sweep at murder scenes?

The Search & Seizure Show ·

2022/01/24

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, Anthony Bandiero Here attorney, Senior Legal instructor for blue to gold law enforcement training.Now the roadside chat from an officer question comes from an officer in Florida. And basically I think comes down says, Can you clarify protective sweeps at murder scenes? All right. Here's what my officer says. I watched a, you know your video regarding protective sweeps where you referenced a

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4:19

Can police force a GSR test on someone who doesn't...

The Search & Seizure Show ·

2022/01/24

Hey guys, it's Anthony Bandiero Here, attorney and senior legal instructor for blue to gold Law enforcement and training during the roadside chat. All right, this question where's this officer read me see if it says it actually doesn't say because it came from a personal email, but no problem. Alright, this officer asks, Can police force a GSR test on someone who doesn't want their hat or their hand swapped. And a GSR test for the non-police watchers here is a gunshot residue test. So basically, you

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1:32

Can police force a passenger to keep his backpack in...

The Search & Seizure Show ·

2022/01/24

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, it's Anthony Bandiero Here, attorney, Senior Legal instructor for blue to gold law enforcement training. i This question comes from an officer in Colorado basically, the officer saying, Can I force a passenger to keep his backpack in a car before I start searching it under probable cause? Right? And the answer is yes, absolutely. Under a case called us versus Ross, if a police officer has

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6:23

Can police search a shoplifter's purse for evidence...

The Search & Seizure Show ·

2022/01/24

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, it's Anthony Bandiero Here attorney and senior legal instructor for Blue to Gold law enforcement training, bringing a roadside chat. This question comes from an officer in Colorado. And the question is, can police search a shoplifting suspects purse for evidence without making an arrest? And the answer is going to be yes. Definitely, as far as yes, in Colorado, but I believe the answer is

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7:10

Can you arrest someone for DUI even if you didn't see...

The Search & Seizure Show ·

2022/01/24

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, Anthony Bandiero Here, attorney, Senior Legal instructor for blue to gold law enforcement training, bringing the roadside chat from a cop. In Utah, the cop asked me something that's actually a base in statutory law, but has a search and seizure component. The officer says, Can you arrest someone for DUI? If you did not see them in actual physical control of the vehicle? Alright.So the

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3:39

Can you search a car after arresting the driver for DUI?

The Search & Seizure Show ·

2022/01/24

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, Anthony Bandiero Here, attorney, Senior Legal instructor for Blue to gold's got a question from an officer in Arizona. He says, When can I search a vehicle? After I arrest the driver for DUI? Alright, so, you know, we're making some assumptions here that the vehicle is probably not going to be towed. You know, somebody might come on scene and pick it up, or it's gonna be allowed to be

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3:41

Can you search an Uber passenger's property based off...

The Search & Seizure Show ·

2022/01/24

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, Anthony Bandiero Here, Attorney, Senior Legal instructor for Blue to Gold law enforcement training, bringing a roadside chat here. We got a question when Officer in Texas. And he says he asks, can you search in Uber passengers property based off of a K9 alert?And the answer is yes if the officer reasonably believes that the contraband could be in that container, right. So if the, you know,

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11:27

Determining whether a bicycle is stolen based on a...

The Search & Seizure Show ·

2022/01/21

Alright, guys got another question for you for roadside chat. This one is long fact pattern, but I think it's worth it right. This one is the question is determining if a bicycle is stolen based on an alleged victims accusation. So this question comes from an officer in California. And he did a very, very good job give me, you know, a lot of background for this case. And the essence of this case is, you know, is there probable cause? Is there forth an issue, and basically taking an alleged victims

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5:14

Do Officers have exigency to enter a home for verbal...

The Search & Seizure Show ·

2022/01/21

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey, it's Anthony Bandiero here with Blue to gold law enforcement training. roadside chat from an officer in Nevada. All right, so here's the basis. The idea here is you know, do officers have agency to enter a home based off of a verbal disturbance that verbal domestic so let's say you know, a new officer response to a disturbance call, okay. The neighbors are calling up hey, these guys are going

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3:12

Searching cell phones with search warrants and...

The Search & Seizure Show ·

2022/01/21

he following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, welcome to another roadside chat. My name is Anthony Bandiero, Senior Legal instructor and Attorney at Blue to Gold Law Enforcement Training. This question comes from an officer in California. And he asks whether, if you're executing a search warrant on a cell phone, and let's say the search warrant is for firearm violations, right, you can picture maybe a gang member, a felon, and we

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5:20

Can a driver give consent to search a passenger's...

The Search & Seizure Show ·

2022/01/21

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, it's Anthony Bandiero here with Blue to Gold Law Enforcement Training. I'm in beautiful Lafayette, Louisiana teaching at the parish, which is the county. That's what they call it, the County Sheriff's Department. And a question was asked whether or not a driver may consent to search not only the vehicle, right, but also passenger's possessions? The answer is maybe this is what the law says,

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4:19

Can officers serve arrest warrant at 3rd party's home?

The Search & Seizure Show ·

2022/01/21

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, it's Anthony Bandiero here with blue to gold law enforcement training. I want to share another question I got from a student in New Orleans. I'm about to head back to the airport. But this is a question that is excellent because it does come up quite often. The question is, if officers have an arrest warrant, can they serve it at a third party's home? Not just the suspect's home or where

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5:04

Can officer seek consent during a traffic stop...

The Search & Seizure Show ·

2022/01/21

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHey guys, it's Anthony Bandiero here with blue to gold law enforcement training. I have another question from an officer from Arizona. And it's a great question. I want to share it with you and give you my feedback on it. And so the question is, Can officers still ask for consent to search a vehicle during a traffic stop? Without that being considered extending the traffic stop for an unrelated

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2:15

Is parking space at apartment complex curtilage?

The Search & Seizure Show ·

2022/01/21

The following is a computer-generated transcription, some grammar and spelling errors may be inherentGood morning, guys. It's Anthony Bandiero, here with blue to gold law enforcement training, have another roadside chat. I'm in Memphis, Tennessee today, and I got a question from an officer actually, in Ohio, about whether or not an assigned parking spot at an apartment complex is curtilage? And the answer is no, it's not because it doesn't qualify under the done factors. That's how I would. That's

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4:56

Can Police Run K9 Around Car in Parking Lot?

The Search & Seizure Show ·

2022/01/21

The following is a computer-generated transcription, some grammar and spelling errors may be inherentI'm Anthony Bandiero with Blue to Gold law enforcement training. I want to make a quick video on a question that was asked to me by two different officers in two different states very recently. And it's a great question. And so now I want to share the answer with you, folks. So the question is, is Ken police run a drug canine around a car in a parking lot? The answer is yes. Because under those

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2:52

Conducting warrantless vehicle searches

The Search & Seizure Show ·

2022/01/20

How're you doing Law enforcement officers. It's Anthony Bandiero, here with Blue to Gold law enforcement training. And today, I'm going to teach you the four elements that you need before you can do a warrantless vehicle search. The first element is probable cause that seems obvious. You need probable cause that the vehicle contains contraband or evidence. The second element is that the vehicle cannot be inside curtilage. Right, you must have lawful access to the vehicle. So that means that the

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4:44

Open view versus Plain view

The Search & Seizure Show ·

2022/01/20

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHello, Law enforcement officers. It's Anthony Bandiero, here with Blue Gold law enforcement training. And today, I'm going to share with you the difference between open view and plain view. Open view is when you are in a non-protected area. And you see incriminating evidence. One of the reasons they call it open view is because, typically, you're on open fields. What is an open field?Open fields are

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2:26

Do you have to read Miranda in full?

The Search & Seizure Show ·

2022/01/20

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHello, Law enforcement officers. It's Anthony Bandiero, here with Blue to Gold law enforcement training. And today we're gonna ask a very simple question. Do you need to read Miranda in its entirety to someone who claims that they already know their rights? The answer is yes. Even if you're, even if you're arresting a judge that's been on the bench for 40 years, and all he's done is criminal trials

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3:07

Every search or seizure requires "C.R.E.W."

The Search & Seizure Show ·

2022/01/20

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHow're you doing, Law enforcement officers? It's Anthony Bandiero here with Blue to Gold law enforcement training. And today, I'm gonna teach you C.R.E.W. C.R.E.W is an acronym that I teach my students during the advanced search and seizure class to keep in mind whenever they are searching or seizing a protected area, true stands for consent, or a recognized exception or a warrant. And the point here

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4:16

Does Miranda apply to undercover officer in jail?

The Search & Seizure Show ·

2022/01/20

The following is a computer-generated transcription, some grammar and spelling errors may be inherentHello law enforcement officers, it's Anthony Bandiero, here with blue to gold law enforcement training. And today we're going to ask whether or not police can insert an undercover officer or a confidential informant into the jail setting to speak to the suspect about the crime for which they have believed to have committed without Miranda. And the answer, generally speaking, is yes, police can do

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172 results

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