Hey Anthony, I’m a cop in Utah. The whole warrant process from our car is incredibly handy and is super quick. We could have it written and approved in as little as 20 minutes, as long as the judge is awake. lol
Anthony, in NJ for shoplifting specifically we don’t have to rely on case law, fortunately they put it right in the law that we can search 2C:20-11e. Hope this helps with your NJ classes! All the best.
If an officer is pulling surveillance and observes a suspect commit a criminal act inside his apartment. If the window drapes were closed and the officer was able to see using special optics, would the officers observation be admissible?
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
Good point Chad. Citizen's arrest is a great option if the crime was committed within the citizen's presence or is a felony. I'm not sure it would solve the problem here because she didn't "sense" the purse being stolen. So it may not be legit for the citizen to arrest the person. Therefore, if the citizen wants something done we still might be in the cite and release option.
What about a search incident to arrest? If the victim signs a citizen’s arrest and I facilitate that arrest, can’t I search the suspect incident to arrest before I cite them out?
That is real good so what happens when the proscuotr is fomenting assault and arrest that are not perfect, a reasonable officer at the scene voewed the crime? Theres a joke about a female pscychologist lying, Then Law student says i learn how to 💔 the law to charge crime. Its kinda dumny but mostly weird.
So I'm still a bit unclear on the pc for contraband on the person, and therefore there is exigency thing. So you have a retail theft. There is footage of the guy. You Locate him afterwards with a back pack. You believe he put the stolen items in the back pack. 1. So you can search the back pack? And 2. What specific exigency exception apply here? (BTW, I'm in PA)
I understand. All I can say is I would search the backpack in order to recover the property. There's no time to hold the person there while someone chases down a warrant. Therefore, the reasonable thing to do is recover the evidence and go from there. Here are two cases that I found in PA that mention recovering property from shoplifters. No issue was made about not having consent and so forth: In Commonwealth v. Churchm 2019 Pa. Super. Unpub. LEXIS 4005 (2019), a woman was witnessed, via surveillance, entering a dressing room with merchandise, and exiting with the merchandise stuffed into her own bags and purse. After exiting the store, the security guard escorted her back in, and recovered the stolen property (from her personal bags). The facts do not say anything about requesting consent to recovery the items, and the court raises no issue as to the recovering of the items. In Commonwealth v. Schwenk, 2015 PA. Super. Unpub. LEXIS 1949, a man walked out of a Lowe's with a power-tool in his cart. An employee asked to see the man's receipt, but the man ignored the employee and kept walking. The police were called, and the item was recovered. The man told police he purchased the item but could not produce a receipt. Again, the facts say nothing about requesting consent before recovering the stolen item, and the court raises no issue to the recovery of the item. I hope this helps, at least a little. But do what your agency requires. This is just my viewpoint on it.
In California, I believe issuing a misdemeanor citation to a suspect is considered an arrest (citation and release). Isn’t it? Therefore, my understanding is that the officer is stuck with gathering the suspect’s identifying info, and submitting the case to the DA for prosecution. Isn’t it true that the way the law is written, it doesn’t only restrict officers from making “custodial” arrest for “misdemeanors not committed in their presence,”but also for any “arrest,” which includes non-custodial arrest (cite-and-release). Comments?
Hello buddy. People often say that a citation is in lieu of arrest, or something like that. But it is not a constitutional arrest if it's done within the parameters of a detention. Additionally, if you gathered their information they would nevertheless be detained and not free to leave. Therefore, I see no violation of the stale misdemeanor rule by not only taking their information, but issuing them a court date and letting them leave. It's what happens everyday on traffic stops and so forth and these are not considered "arrests" in any real sense of the word. Still, these issues rarely come up to be litigated. So maybe there's a judge out there that would not permit it.
Justify the falsification of transcripts in misdemeanor and felony court cases. If you're up to it you can also tell us the meaning of this practice. Looking forward to your prompt reply.
This is amazing thank you so much for helping us out there!
Awesome videos and very informative
Thank you! Anthony
Hey Anthony, I’m a cop in Utah. The whole warrant process from our car is incredibly handy and is super quick. We could have it written and approved in as little as 20 minutes, as long as the judge is awake. lol
Anthony, in NJ for shoplifting specifically we don’t have to rely on case law, fortunately they put it right in the law that we can search 2C:20-11e. Hope this helps with your NJ classes! All the best.
Perfect!!! Thank you.
At my department the only misdemeanors we take people to jail for are DV and Menacing. Everything else is a summons
Keep it up!
Thank you! Anthony
Great topic Anthony! We have a lot of scenarios like this in our jurisdiction.
Solid video! Always appreciated.
Thanks Anthony!!!
Most states don't require exhibiting ID. They require some combo of name, address, DOB.
In other words, they require you to ID yourself.
@@smilestheemo3365 well done
What do you mean "cite" him??
Issue him a Citation
Hey Anthony, in California, we can ask the lady if she would like to press charges PPA?
What if he admits to the offense post Miranda?
Doesn't change the answer. It still was not committed in the officer's presence. Hope this helps. Anthony
Typically, Miranda is done post-arrest. Is it normal for you to mirandize people who aren't in custody?
If an officer is pulling surveillance and observes a suspect commit a criminal act inside his apartment. If the window drapes were closed and the officer was able to see using special optics, would the officers observation be admissible?
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
No. PLAINVIEW DOCTRINE means plain view with the naked eye.
Good conversation Anthony. What about the citizens arrest option? If we use that option, we find out quickly if she is desirous of prosecution.
Good point Chad. Citizen's arrest is a great option if the crime was committed within the citizen's presence or is a felony. I'm not sure it would solve the problem here because she didn't "sense" the purse being stolen. So it may not be legit for the citizen to arrest the person. Therefore, if the citizen wants something done we still might be in the cite and release option.
@@BluetoGold gotcha
Don’t forget “breach of the peace” as well as “preventing the consequences of theft” exemptions in Texas law (and I’m sure others)
Utah law actually allows us to use a recording as "a crime committed in our presence".
Thank you! I did not know that. Anthony
@@BluetoGold Well it might only be a few states. I think it was probably just a couple of years they updated the law for our state.
Is there a list of states that follow this restriction? Is Utah one of them?
What about a search incident to arrest? If the victim signs a citizen’s arrest and I facilitate that arrest, can’t I search the suspect incident to arrest before I cite them out?
We’ll it depends on state law. But if you’re releasing them on scene why would you search them? Do you have PC they have evidence on their person?
That is real good so what happens when the proscuotr is fomenting assault and arrest that are not perfect, a reasonable officer at the scene voewed the crime?
Theres a joke about a female pscychologist lying,
Then Law student says i learn how to 💔 the law to charge crime. Its kinda dumny but mostly weird.
So I'm still a bit unclear on the pc for contraband on the person, and therefore there is exigency thing. So you have a retail theft. There is footage of the guy. You Locate him afterwards with a back pack. You believe he put the stolen items in the back pack. 1. So you can search the back pack? And 2. What specific exigency exception apply here? (BTW, I'm in PA)
I understand. All I can say is I would search the backpack in order to recover the property. There's no time to hold the person there while someone chases down a warrant. Therefore, the reasonable thing to do is recover the evidence and go from there. Here are two cases that I found in PA that mention recovering property from shoplifters. No issue was made about not having consent and so forth:
In Commonwealth v. Churchm 2019 Pa. Super. Unpub. LEXIS 4005 (2019), a woman was witnessed, via surveillance, entering a dressing room with merchandise, and exiting with the merchandise stuffed into her own bags and purse. After exiting the store, the security guard escorted her back in, and recovered the stolen property (from her personal bags). The facts do not say anything about requesting consent to recovery the items, and the court raises no issue as to the recovering of the items.
In Commonwealth v. Schwenk, 2015 PA. Super. Unpub. LEXIS 1949, a man walked out of a Lowe's with a power-tool in his cart. An employee asked to see the man's receipt, but the man ignored the employee and kept walking. The police were called, and the item was recovered. The man told police he purchased the item but could not produce a receipt. Again, the facts say nothing about requesting consent before recovering the stolen item, and the court raises no issue to the recovery of the item.
I hope this helps, at least a little. But do what your agency requires. This is just my viewpoint on it.
In California, I believe issuing a misdemeanor citation to a suspect is considered an arrest (citation and release). Isn’t it?
Therefore, my understanding is that the officer is stuck with gathering the suspect’s identifying info, and submitting the case to the DA for prosecution.
Isn’t it true that the way the law is written, it doesn’t only restrict officers from making “custodial” arrest for “misdemeanors not committed in their presence,”but also for any “arrest,” which includes non-custodial arrest (cite-and-release). Comments?
Hello buddy. People often say that a citation is in lieu of arrest, or something like that. But it is not a constitutional arrest if it's done within the parameters of a detention. Additionally, if you gathered their information they would nevertheless be detained and not free to leave. Therefore, I see no violation of the stale misdemeanor rule by not only taking their information, but issuing them a court date and letting them leave. It's what happens everyday on traffic stops and so forth and these are not considered "arrests" in any real sense of the word. Still, these issues rarely come up to be litigated. So maybe there's a judge out there that would not permit it.
What I he admitted to it
Dressed to the nines on Good Friday !
Justify the falsification of transcripts in misdemeanor and felony court cases. If you're up to it you can also tell us the meaning of this practice. Looking forward to your prompt reply.