Ep.

[@Caleb-zt5ht]

Thank you for addressing this Anthony!

[@BluetoGold]

Thank you buddy.

[@thenatural1759]

Another great video. I really like the excellent choice of topics you cover.

[@Budury]

Ok so how about this? Let's say I arrested someone for possession of drug para (which is a misdemeanor crime here and citable and also bookable to prevent further crime). You advised the party that he/she was underarrest. I conducted a search incident to arrest. Now I decided to just give the party a citation and release. So technically, I arrested someone and changed my mind to release with citation. Do you think this is violating constitutional right?

[@cristianortega5850]

Does this apply to misdemeanors like petty theft or finding a pipe in plain view inside of a vehicle? There’s a lot of citable misdemeanors in Cali. If I’m understanding.. if I plan on citing them out for ANY misdemeanor, can’t search their person incident to arrest?

[@BluetoGold]

Correct. But if you have PC for the evidence, then you can conduct a tailored search to retrieve that evidence (like stolen property in purse) but still not a full blown search. Make sense?

[@chrischaro6630]

⁠@@BluetoGold I saw this video because after discussion I had with the new officer referenced it when we were talking about this topic. And everything in the video is 100% correct and I agree with you except for I think what people are thinking is they believe it's with every citation.. for example in my city we site for possession of marijuana or drug paraphernalia . I believe if a person is smoking a joint, I believe there is PC for a search for more contraband, in our discussions officers believe that this rule applies and under any citation, they cannot search even if they believe the guy has more of the same drugs in his possession. Can you clarify that or am I wrong?

[@blakeekalb2808]

What if you have a situation where it's an arrestable offense, say a 5th degree assault in officer presence(misdemeanor) .. but the department county has a jail staff issue which makes it clear to officers they will not accept said crime at this time.. Technically, good arrest, but we can not search because we KNOW we will not be making a custodial arrest.. right? Or would the officer be covered being it would be a lawful search incident to arrest under state statute? Minnesota. Thank you!

[@blakeekalb2808]

@frankdoss6313 What about any of that suggested any interest in violating rights? Weird move, dude.

[@stevenb6063]

Would it be possible for you to explain the burden of proof?

[@BluetoGold]

Like probable cause and reasonable suspicion?

[@stevenb6063]

@@BluetoGold Yes !

[@cristianortega5850]

@@stevenb6063 reasonable suspicion- crime is happening, this person may be committing crime. Probably cause- I believe this guy committed the crime for x,y,z…