I think you missed one HUGE point. GET A WARRANT! Do some actual police work and investigate. Take a picture of the car and residence from the street. Match it up with the report of stolen vehicle. Do a property search and find out who owns the property. Hell, maybe contact them or run their name and see what vehicles they have registered to them. Go to a judge and get a warrant. Police can "get around" a ton of these issues by doing real police work and getting a warrant instead of always trying to figure out how to skirt the rules to do whatever they want and hope it all works out.
to check my bin numbers they have to trespass first. as i park behind a locked gate. gate fence do not allow any view on my back yard. and yes i have cams on 24-7. front yard/porch/driveway, side yard, back yard.
Hmm…not so sure closely examining a VIN number is part of plain view or part of the social aspect of visiting a home. Another attorney on this matter places curtilage as a full red light.
Great video. Thanks for publishing useful, practical videos. As LEOs, we have a burden to protect the constitution and your approach and viewpoints help us do just that!
Excellent video. Short and to the point. Good example. I am using this video to explain the concept of Curtilage to our Youth and Government judicial team. Really like the color-code system that you. Many thanks for the video.
What are the courts saying about Apple AirTags in regards to search of vehicle or SW? Does it make PC? We get so many vehicle burglaries and young people have these in their phones and bags. Thoughts?
IMO i would say yes it's PC. Coming from a house you would still need a search warrant or an exception to warrant to enter. Same as a vehicle if it's locked and nobody around but if it's a traffic stop the automobile exception would apply and only PC needed.
IANAL I would say when you do anything adverse to the owner you can not expect the consent for you to be there. I would also argue that a knock and talk would not be expected to yield any result in a drug house, therefore the KnT is but a fig leaf not covering the true intent.
Anthony loves to answer your follow-up questions! However, due to Anthony's busy schedule and desire to educate as many cops as possible, he answers additional questions on Facebook. This way fellow officers benefit from your question and his answer. Join us on Facebook here: facebook.com/BluetoGoldTraining -Blue to Gold Staff
What if it was an LPR hit or the registered owner has a tracking device and made a calls for service that lead you to that address (also at 2am)? Would officers be able to check the VIN if that car was parked on the driveway?
I would not recommend it. The problem is this. If the car is on curtilage and the officers don't have exigency or implied consent to be on the curtilage, then Collins v Virginia controls. Collins basically states that cops can't be on the curtilage with PC for stolen vehicle alone. Something more is needed, like exigency.
If a cop walks into your yard or driveway and starts looking into your car, especially at night, is PROWLING. They need to be arrested and charged. Why is it a cops always try to find ways to skirt around and circumvent the spirit and intent of the law with mental gymnastics? This is almost as bad as the cops who took a drug dog to a knock-and-talk knock on the guy's door and waited for the dog to alert at the door and then went in on their search and seizure.
How is personal property something you are properly something you own whether it's an open field or not fields are not protected as personal property problem whether or not there is no sign or anything it's it's no sign or anything it's personal property I have the right to defend it is mine now So how is that possible by your definition of green
SCOTUS had a case about this specifically. It had to do with officers finding drugs in an open barn on the defendants “back 40”. Court ruled that since there was nothing around it that shows reasonable expectation of privacy, then plain view doctrine can be used. Had the area been mowed, kept up, had something around it showing it was being used more, than that would have been a different story.
I think you missed one HUGE point. GET A WARRANT! Do some actual police work and investigate. Take a picture of the car and residence from the street. Match it up with the report of stolen vehicle. Do a property search and find out who owns the property. Hell, maybe contact them or run their name and see what vehicles they have registered to them. Go to a judge and get a warrant. Police can "get around" a ton of these issues by doing real police work and getting a warrant instead of always trying to figure out how to skirt the rules to do whatever they want and hope it all works out.
to check my bin numbers they have to trespass first. as i park behind a locked gate. gate fence do not allow any view on my back yard.
and yes i have cams on 24-7.
front yard/porch/driveway, side yard, back yard.
Hmm…not so sure closely examining a VIN number is part of plain view or part of the social aspect of visiting a home. Another attorney on this matter places curtilage as a full red light.
Welcome to Chandler AZ
I sure love these videos.... a lot of knowledge
Right on. Thank you! Anthony
Great video. Thanks for publishing useful, practical videos. As LEOs, we have a burden to protect the constitution and your approach and viewpoints help us do just that!
Thanks for the feedback! Anthony
You call protecting the constitution a burden? You're in the wrong line of work then.
Good info. Thanks.
Glad it was helpful!
The color-code system is very helpful, almost genius. It makes curtilage much easier to remember.
Very glad to help! Anthony
Excellent video. Short and to the point. Good example. I am using this video to explain the concept of Curtilage to our Youth and Government judicial team. Really like the color-code system that you. Many thanks for the video.
Glad to help! Anthony
How can they tow your car from your driveway for expired plates?
What are the courts saying about Apple AirTags in regards to search of vehicle or SW? Does it make PC? We get so many vehicle burglaries and young people have these in their phones and bags. Thoughts?
IMO i would say yes it's PC. Coming from a house you would still need a search warrant or an exception to warrant to enter. Same as a vehicle if it's locked and nobody around but if it's a traffic stop the automobile exception would apply and only PC needed.
What about looking over a fence from public property??
Plain view 100%
IANAL
I would say when you do anything adverse to the owner you can not expect the consent for you to be there.
I would also argue that a knock and talk would not be expected to yield any result in a drug house, therefore the KnT is but a fig leaf not covering the true intent.
Standard behavior is knock on the door and then step back off the porch, these are social norms.
I have a video I’d like to send you of Douglas county ne sheriff going gyr. I’d like your opinion.
Anthony loves to answer your follow-up questions! However, due to Anthony's busy schedule and desire to educate as many cops as possible, he answers additional questions on Facebook. This way fellow officers benefit from your question and his answer. Join us on Facebook here: facebook.com/BluetoGoldTraining -Blue to Gold Staff
What if it was an LPR hit or the registered owner has a tracking device and made a calls for service that lead you to that address (also at 2am)? Would officers be able to check the VIN if that car was parked on the driveway?
I would not recommend it. The problem is this. If the car is on curtilage and the officers don't have exigency or implied consent to be on the curtilage, then Collins v Virginia controls. Collins basically states that cops can't be on the curtilage with PC for stolen vehicle alone. Something more is needed, like exigency.
@@BluetoGold thank you so much ☺️
You're welcome!
If a cop walks into your yard or driveway and starts looking into your car, especially at night, is PROWLING. They need to be arrested and charged. Why is it a cops always try to find ways to skirt around and circumvent the spirit and intent of the law with mental gymnastics? This is almost as bad as the cops who took a drug dog to a knock-and-talk knock on the guy's door and waited for the dog to alert at the door and then went in on their search and seizure.
How is personal property something you are properly something you own whether it's an open field or not fields are not protected as personal property problem whether or not there is no sign or anything it's it's no sign or anything it's personal property I have the right to defend it is mine now So how is that possible by your definition of green
SCOTUS had a case about this specifically. It had to do with officers finding drugs in an open barn on the defendants “back 40”. Court ruled that since there was nothing around it that shows reasonable expectation of privacy, then plain view doctrine can be used. Had the area been mowed, kept up, had something around it showing it was being used more, than that would have been a different story.
Punctuation exists, try it sometime my friend. Good day!
Why not, especially since they are there to preserve and protect the public?
They have no duty to protect anyone...and they don't. They're only worried about themselves.