EP#701 Serving protective orders on homes
4:41
Community Caretaking with Zach Miller
1:03:57
14 сағат бұрын
EP#698 Is Flock Camera a Search?
2:54
16 сағат бұрын
Search and Seizure Show | August 14th, 2024
49:03
Search and Seizure Show | August 1, 2024
1:01:09
Organized Retail Crime (ORC)
0:28
21 күн бұрын
Пікірлер
@originalgangsta794
@originalgangsta794 3 сағат бұрын
I have been battling the local APD and unprovoked nuisance. Lol but honestly I've been riding my Quad all over and (over landing) where ever that land may be.😂 Anyways twice now I've been riding off the road way, pretty much field when APD officer initiated contact with lights and sirens. I know better than run for the (flight) rules and fact's I stop and articulate judgement to fuck off 😂
@originalgangsta794
@originalgangsta794 4 сағат бұрын
Thank you for your honesty breakdown of Terry V Ohio. I agree with the importance of good faith effort under this standard. And reprehensible value of application and addressing the issue of bad faith actors who are putting this ability at risk; by guy's like me... Lol jk 😂
@TroyJScott
@TroyJScott 8 сағат бұрын
Cops all need that ID like a crackhead needs that next rock. Police asking for ID absent a crime is offensive and should be grounds to sue them Or get them Fired. Stop being effing nazis
@andrisimusmaximus5803
@andrisimusmaximus5803 8 сағат бұрын
Love these videos. They are extremely helpful. Thank you!
@TroyJScott
@TroyJScott 8 сағат бұрын
Terry V Ohio & Pennsylvania V Mimms are the two cases that lead to Govt overreach! I wish they were stricken from case law. These cases infringe on the citizens rights in favor of a cops BS suspicion
@tommydanza7395
@tommydanza7395 7 сағат бұрын
Don’t get your phone wet crying while you type out your comments
@christophercampbell2929
@christophercampbell2929 9 сағат бұрын
kzbin.info/www/bejne/q5mlkHp3lrV4sJYsi=6u3iqF9HMxFzkwPO
@christophercampbell2929
@christophercampbell2929 9 сағат бұрын
If you're on a bike stop and a dog alerts on a backpack, you need a warrant for the backpack if you have no other PC than the dog sniff. - I learned this from you Anthony, so I feel this needed to be clarified. I dropped a link for one of your older videos in the comment section on this.
@originalgangsta794
@originalgangsta794 2 күн бұрын
That's funny 😂 the cleaning Lady
@MuzixMaker
@MuzixMaker 2 күн бұрын
Mimms requires RAS that occupants are armed AND dangerous, Counselor.
@StanBarkington-bt7fu
@StanBarkington-bt7fu 2 күн бұрын
Just eh careful with relying on the system and what it tells you if the arrestee has some other official document proving that the system is incorrect. There is a second circuit case (I forget the citation) where a man was pulled over and the system showed his license had been suspended (I think in CT). The man produced a letter from the DMV showing his license was reinvoked and that he paid outstanding fines. The officer refused to look at the official document and arrested the man anyway. He successfully sued claiming the “officer was not free to ignore plainly exculpatory evidence” (Kuehl v Burtis) meaning if the officer claimed to rely on DMV databases they would also need to reasonably consider official DMV documents and just relying on the system wasn’t good faith. Not sure if this is applicable in warrants because I don’t think a person can get a document showing his warrant was rescinded but it highlights the totality of the evidence and not to blindly rely on systems if there is other physical exculpatory evidence.
@BluetoGold
@BluetoGold 17 сағат бұрын
Great advice. And I think the concept is applicable. If the officer if shown paperwork that the warrant was resolved look into. Especially if it was something recent. Thank you!!!
@StanBarkington-bt7fu
@StanBarkington-bt7fu 2 күн бұрын
If a state doesn’t recognize the good faith exception can it be invoked for qualified immunity in Federal Court in that circuit?
@BluetoGold
@BluetoGold 16 сағат бұрын
Absolutely. Good faith applies to every federal lawsuit. The inapplicably of good faith at the state level is really about suppressing evidence.
@MuzixMaker
@MuzixMaker 2 күн бұрын
Not just no but hell no. It’s vandalism and prior restraint.
@originalgangsta794
@originalgangsta794 4 күн бұрын
Nowadays officers can get warrants online so they can stay on scene
@originalgangsta794
@originalgangsta794 4 күн бұрын
You're a rockstar in you own domain
@BluetoGold
@BluetoGold 3 күн бұрын
Appreciate that thank you!
@driverdick2
@driverdick2 4 күн бұрын
Burst through my door without a knock and announce and I am going to assume home invasion and likely at least two of us will suffer serious wounds
@sdnlawrence5640
@sdnlawrence5640 4 күн бұрын
Good answer. Knocking & waiting a little bit can also go a long way in preventing excessive force complaint. (Pro note: cover all exits.)
@gregoryfriend4359
@gregoryfriend4359 4 күн бұрын
Knocked it out of the park again! Thank you for posting the webinars and I hope you continue to post them. Thanks!
@BluetoGold
@BluetoGold 4 күн бұрын
Yep, The plan is to start posting them
@skyelord6229
@skyelord6229 4 күн бұрын
In the case of DUI, how would a cop articulate exigency? Destruction of evidence using elapsed time?
@BluetoGold
@BluetoGold 16 сағат бұрын
Yes, that’s a major factor. But not the only factor. There should be other factors too like if you let them go they may continue drinking and that will contaminate the evidence.
@ocelot2703
@ocelot2703 4 күн бұрын
When in doubt, any exceptions should be viewed in the light most favorable to the citizen. The constitution does not limit citizens, it limits the government and ALL entities representing the government.
@originalgangsta794
@originalgangsta794 4 күн бұрын
Thanks for your knowledge and understanding of what is Law. You're the Best source factual basis legal advice available to agent's period
@BluetoGold
@BluetoGold 4 күн бұрын
I appreciate that!
@YohananMunoz
@YohananMunoz 4 күн бұрын
Invaluable information. Thank you for everything y'all do!
@BluetoGold
@BluetoGold 4 күн бұрын
Thanks for watching!
@griesrt
@griesrt 5 күн бұрын
This would be really hard to enact in a real situation. If the cop thinks they need ID they're likely to arrest you due to ignorance and you'll need to deal with it in court. Even a sergeant may not even know this rule. It's not worth the trouble. I would try and say yeah but since being asked to leave and complying isn't a crime I don't need to identify bc there is no RAS. If they still disagree I would just show ID unfortunately for expediency.
@uavmech03
@uavmech03 6 күн бұрын
What was the case law for the k9 stop hand over?
@BluetoGold
@BluetoGold 16 сағат бұрын
Look at US v. Cornejo 196 F.supp3d 1137 (2016)
@driverdick2
@driverdick2 6 күн бұрын
I enjoy your channel and have learned much from as to my rights as a citizen, however where I am going, where I am coming from for a minor traffic infraction is none of any cops business
@timhansen7472
@timhansen7472 6 күн бұрын
You use military vech-
@johninpc
@johninpc 6 күн бұрын
What was the RAS?!?!?! No Pretext stop. The cop is violating the 4th amendment.
@BluetoGold
@BluetoGold 16 сағат бұрын
Whether RAS exists is definitely subject to opinion.
@hg3778
@hg3778 6 күн бұрын
Can an officer trespass you from a property if u already left the scene and they find u somewhere else.
@dtay8913
@dtay8913 7 күн бұрын
No because the license plate itself doesn't belong to the person it's "registered" to. The plate and stickers basically say it's ok for that vehicle to be on the road, the plate itself belongs to the state which is why of you fail to insure your vehicle, they can suspend or revoke it.
@Kcampbell845
@Kcampbell845 7 күн бұрын
If you can take a phone to search later under a warrant, you can take a car. That’s how I see it.
@StanBarkington-bt7fu
@StanBarkington-bt7fu 7 күн бұрын
Wait a second / if you have him in handcuffs and in the back on your car at that point why isn’t it an arrest?
@drkissinger1
@drkissinger1 7 күн бұрын
Being in handcuffs and in the back of a car isn't necessarily an arrest. You can be detained in handcuffs and a police car if you're being obstructive enough.
@StanBarkington-bt7fu
@StanBarkington-bt7fu 7 күн бұрын
@@drkissinger1 it’s considered an arrest at the point that a person feels he is not free to go.
@BluetoGold
@BluetoGold 6 күн бұрын
If you get pulled over for a traffic stop, you are not free to go, you are also not under arrest.
@StanBarkington-bt7fu
@StanBarkington-bt7fu 6 күн бұрын
@@BluetoGold but there is case law that speaks to a certain point where it is considered an arrest and an officer has liability even if they later release the individual.
@Kook-a-mal
@Kook-a-mal 7 күн бұрын
How about when parked behind a low fence, sufficient to block the plate and leave only one of many make/model/color combos?
@originalgangsta794
@originalgangsta794 7 күн бұрын
I feel like the first 2 questions are debatable. The seizer of private property like towing a car for probable cause? If you had probable cause why would you need a warrant. To act surety and protection of civilians private property takes away from the officers duty to serve and protect the public interest. This is police for profit and abused far too often for Being responsible officers of public service. That's bad faith advice my boy's
@DXT61
@DXT61 7 күн бұрын
If you make a traffic stop and have PC to search the vehicle then why would you need a search warrant? The automobile exception should apply or did i miss something? Also, here we cannot assist medical on a doctors order to commit. We have a mental health individual who we call and he only talks to the police and he can give a verbal order for the individual to go. We went through this and a deputy had his ear bitten off by the patient. We will only force through mental health or probate order.
@SuperSailorOutlawGeorgeIshaq
@SuperSailorOutlawGeorgeIshaq 7 күн бұрын
Good luck Zach
@heathencat5236
@heathencat5236 7 күн бұрын
My gate and fence signs which are posted every 15'-20' clearly state, WARNING!! NO LAW ENFORCEMENT ENTRY WITHOUT A VALID WARRANT OR NOT IN PURSUIT! NO EXCEPTIONS! I aim for it to be very clear to everyone, more importantly law enforcement and judges, of my expressed intent to not be harrassed or questioned by law enforcement for any reason what-so-ever without a lawful warrant being served in my hand first. I would not answer the door at any rate, but I do not want to be surprised by the presence of cops. Especially while I am outside of my home on my property because I am always armed and ready to defend myself and my property.
@mrakw7364
@mrakw7364 7 күн бұрын
Thanks for the information
@BluetoGold
@BluetoGold 7 күн бұрын
My pleasure.
@JMBAmericanIronShallNotBeInfri
@JMBAmericanIronShallNotBeInfri 7 күн бұрын
Why should the police have more constitutional rights than a law-abiding citizen??? If you try and say training, we both know that's bulls**t. Many, police officers only shoot their firearm once or twice a year to keep their qualifications. And that's only because they have to! Statistics show that police are more likely to commit a crime than a legally armed citizen with a carry permit. Law enforcement tramples all over civilian gun rights all the time. I sure as hell don't give two Shits about your carry rights being limited. Welcome to the club! The only way to stop a bad guy with a gun is with a good guy with a gun. The only question is, how long before the bad guy with a gun gets challenged by a good guy with a gun! With an armed population, it is instantly. With an unarmed population, it's whenever the government can get there! Then you may have to wait another hour before they even start to do anything to help you (See Uvalde Texas)! Crime statistics show that many more criminals are killed or wounded each year by armed citizens than by the police; this proves that owning a gun is possibly the most effective way to protect oneself from crime. Protection of self, loved ones, one's home, and community is the root of American self-reliance and our long tradition of gun ownership.
@BluetoGold
@BluetoGold 7 күн бұрын
Without getting into some of the other things you brought up, we are very pro 2A here at Blue to Gold. We agree that all citizens should have the rights that LEOSA offers officers. In fact LEOSA is still to restrictive. But with the recent court cases we are heading in the right direct at least.
@ng7882
@ng7882 8 күн бұрын
I agree that circumstances dictate. 40300.5(e) CVC - The person may destroy or conceal evidence of the crime unless immediately arrested.
@douggodfrey6521
@douggodfrey6521 9 күн бұрын
Too many cops forget they are law enforcement NOT the law.
@diSrM0
@diSrM0 10 күн бұрын
How about going to a wellbeing check call where the neighbors haven't seen their elderly neighbor 5 days, vehicle in the driveway, mailbox full, etc.... Are we entering the house to check on the elderly persons under emergency aid or community care taking? No crime/suspicious activity reported.
@MrYomomma2010
@MrYomomma2010 10 күн бұрын
In missouri, if a officer gets a call from dispatch about a possible misdemeanor hit and run. Can an officer go to the suspects house and start searching a vehicle for evidence of the crime if the vehicle is located in the driveway of suspects back yard without a warrant?
@lukapaka
@lukapaka 10 күн бұрын
Would love to hear your response about the reports of the Las Vegas hotel raiding guest rooms at the DEFCON it security concention
@mr.oliverjr8532
@mr.oliverjr8532 10 күн бұрын
Thank you sir!
@1070ken
@1070ken 10 күн бұрын
Do you mean a police impound lot or the wrecker service lot? Should the vehicle be under control of the police department until it is searched?
@BluetoGold
@BluetoGold 7 күн бұрын
@1070ken The answer would be the same either way.
@myd0gr3x
@myd0gr3x 10 күн бұрын
ARE the people s|av3s and subject to the "authority" of a man wearing a disguise a badge and prominently displaying a deadly weapon (armed robbery)?
@jakobs2152
@jakobs2152 11 күн бұрын
What if you respond to a noise complaint and conduct a knock and talk on the yellow zone of the curtilage which is the front door. You tell them to turn it down and they say no and go back inside. You cant enter the home because you dont have a warrant or exigency. You cant cite them because they went inside. What are your options.
@Cp0455
@Cp0455 10 күн бұрын
Long form complaint through your prosecutors office.
@BluetoGold
@BluetoGold 7 күн бұрын
There are court cases that have found that situation to be exigent. But if there was no exigency leave and get a warrant.
@Lamzilla24
@Lamzilla24 11 күн бұрын
Thanks, this is awesome
@BluetoGold
@BluetoGold 8 күн бұрын
Glad you like it!
@Allseeingblindguy
@Allseeingblindguy 11 күн бұрын
If the person is on private property then this is fine. It’s different if on a public sidewalk. The police cannot make you “move along” if you’re panhandling in front of a business. The Supreme Court ruled that panhandling is protected by the 1st Amendment saying that it is asking for a charitable donation. The police asking a business to trespass someone from the property is just a power move driven by ego.
@Cp0455
@Cp0455 9 күн бұрын
Most of the time we ask the business if they want the person trespassed because the business called us for whatever reason. Usually it is after a shoplifting. After we get done with the criminal stuff we ask if they want them trespassed. It could be because they were acting creepy and nothing criminal happened. The trespass is a way to make the problem go away.
@Allseeingblindguy
@Allseeingblindguy 6 күн бұрын
@@Cp0455 So you trespass people that don’t commit crimes? Seems like a fascist way of “taking care of the problem”
@elijahbasden3854
@elijahbasden3854 11 күн бұрын
Great video Anthony! One question on drones. Does a citizen have the right to shoot down a low flying drone directly over their airspace? I think I know the answer but with ownership of the airspace above a home not being concrete I was curious on your thoughts. For context, the drone is not law enforcement. I’m talking more about a nosey neighbor flying a drone over their neighbors land/house.
@1TxSwampRat
@1TxSwampRat 11 күн бұрын
Finally a pithy explanation without a bunch of lawyerese word vomit. Citizens need to learn what can or can't be done and why regarding their rights to defend themselves against agents of the state especially those who believe a citizen exercising their rights is somehow an affront, a personal challenge or some type of hostility. This is why I watch your channel and others. It's good citizen training.