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The Federal Courts

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An officer asked: A vehicle is stopped after the officer smells raw marijuana. Everyone is ordered out. The passenger is wearing a cross-body bag and refuses consent to search it. The vehicle is searched — nothing is found. Can officers search the passenger and their bag? This is a special episode recorded live in Irving, Texas during Blue to Gold's Certified Search and Seizure Instructor (CSSI) program — the only certification in the nation that trains officers to become subject matter experts in search and seizure. Anthony Bandiero puts one of the graduating student-instructors on the spot, having them answer real officer questions as a practical test of their expertise. 𝗪𝗵𝗮𝘁 𝘆𝗼𝘂'𝗹𝗹 𝗹𝗲𝗮𝗿𝗻: 📌 Why a cross-body bag worn on a person is treated more like a pocket than a container — and why that takes it outside the motor vehicle exception 📌 How to articulate a patdown of the bag exterior for officer safety, and why drugs and weapons are commonly articulated together 📌 Why searching the passenger requires both PC directed at that specific person and a recognized exception — and how a continued odor of marijuana from that person strengthens the case Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
EP# 1018 Can You Search a Passenger's Bag When You Smelled Marijuana But Found Nothing in the Car?
An officer asked: A DUI suspect pulled into a detached garage during a traffic stop. While conducting field sobriety tests, another officer ran a K9 around the car inside the garage. The driver was arrested for DUI and the vehicle was impounded. Were the K9 sniff, the entry into the garage, and the impound all lawful? This is a special episode recorded live in Irving, Texas during Blue to Gold's Certified Search and Seizure Instructor (CSSI) program — the only certification in the nation that trains officers to become subject matter experts in search and seizure. Anthony Bandiero puts one of the graduating student-instructors on the spot, having them answer real officer questions as a practical test of their expertise. 𝗪𝗵𝗮𝘁 𝘆𝗼𝘂'𝗹𝗹 𝗹𝗲𝗮𝗿𝗻: 📌 Why a detached garage qualifies as curtilage under the four-factor Dunn test — and why that creates a serious Fourth Amendment issue for the K9 sniff under Florida v. Jardines 📌 How exigent circumstances (dissipating BAC evidence, opportunity to consume more alcohol) can justify entry into the garage to effect the DUI arrest — despite the home base rule from Lange v. California 📌 Why impounding a vehicle from inside a garage is legally suspect — and what the five recognized justifications for government impoundment actually require 𝗖𝗮𝘀𝗲 𝗹𝗮𝘄 𝗰𝗼𝘃𝗲𝗿𝗲𝗱: 📌 United States v. Dunn, 480 U.S. 294 (1987) — four-factor test for determining whether an area qualifies as curtilage 📌 Florida v. Jardines, 569 U.S. 1 (2013) — using a K9 on curtilage without a warrant is a Fourth Amendment search 📌 Lange v. California, 594 U.S. 295 (2021) — pursuit of a fleeing misdemeanor suspect does not automatically justify home entry; exigency must be assessed case by case Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
EP#1017 Can You Run a K9 Around a Car Parked in a Detached Garage?
An officer asked: A subject under 21 admitted to having a vape device and alcohol — both illegal for his age. He denied consent to search his backpack. No custodial arrest was made. Based on training and experience that these items are often carried in quantities, does exigency exist to search the backpack? This is a special episode recorded live in Irving, Texas during Blue to Gold's Certified Search and Seizure Instructor (CSSI) program — the only certification in the nation that trains officers to become subject matter experts in search and seizure. John Wiehn puts one of the graduating student-instructors on the spot, having them answer real officer questions as a practical test of their expertise. 𝗪𝗵𝗮𝘁 𝘆𝗼𝘂'𝗹𝗹 𝗹𝗲𝗮𝗿𝗻: 📌 Why probable cause alone isn't enough to search a backpack — and how the CREW framework applies when consent is refused and no custodial arrest is made 📌 How the destruction of evidence exigency argument could justify the search, and why the balancing test between governmental interest and individual rights is the key question 📌 Why getting a search warrant may be the stronger play here, and how training and experience supports a fair probability that more contraband is in the bag 𝗖𝗮𝘀𝗲 𝗹𝗮𝘄 𝗰𝗼𝘃𝗲𝗿𝗲𝗱: 📌 United States v. Santana, 427 U.S. 38 (1976) — destruction of evidence is a recognized exigent circumstance Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
EP#1016 Can You Search a Backpack for More Contraband Without an Arrest or Consent?
In this episode of the Blue to Gold Podcast, Anthony Bandiero sits down with Chris Butler — 34-year law enforcement veteran, use of force expert, and founder of Raptor Protection and Safety Services — for a deeply eye-opening conversation about what's broken in police training and what it's costing officers their lives. Chris breaks down the dangerous gap between how officers are trained and what they actually face on the street. From the illusion of learning in the academy, to the difference between primal and cognitive aggression, to the debate around body-worn cameras and memory — this episode is packed with insights every officer, trainer, and law enforcement leader needs to hear. 𝗪𝗵𝗮𝘁 𝘄𝗲 𝗰𝗼𝘃𝗲𝗿: 00:00 – Introduction & Chris Butler's Background 04:30 – Why Law Enforcement Training Needs Reform 08:07 – The Articulation Problem: Why Officer Reports Fail 11:23 – The Academy-to-Street Disconnect 12:53 – Linear vs. Non-Linear Training Explained 20:15 – Barriers to Better Training & The Illusion of Learning 25:12 – Should the US Have a National Training Oversight Body? 29:59 – Primal Aggression vs. Cognitive Aggression 38:50 – Recognizing Cognitive Aggression: Signs Officers Must Know 45:26 – Can VR & Role Playing Fix the Training Gap? 49:20 – Body-Worn Camera: Before or After Writing Your Report? 55:00 – Chris's 3 Recommendations to Fix Law Enforcement Training Whether you're a frontline officer, a trainer, or a law enforcement executive, this conversation will challenge the way you think about officer safety, use of force, and what it truly means to be prepared. 𝗖𝗼𝗻𝗻𝗲𝗰𝘁 𝘄𝗶𝘁𝗵 𝗖𝗵𝗿𝗶𝘀 𝗕𝘂𝘁𝗹𝗲𝗿: https://raptorprotection.com/chris-butler/ ------------------------ Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! ------------------------ Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
PODCAST: Reforming Police Training to Save Lives | With Use of Force Expert Chris Butler
An officer asked: A victim was stabbed 19 times and suffered a collapsed lung. Traffic cameras identified the truck and its registered owner. The victim's description matches — but she didn't pick him out of a photo lineup. How do you articulate probable cause when you have no positive ID? This is a special episode recorded live in Irving, Texas during Blue to Gold's Certified Search and Seizure Instructor (CSSI) program — the only certification in the nation that trains officers to become subject matter experts in search and seizure. John Wiehn puts one of the graduating student-instructors on the spot, having them answer real officer questions as a practical test of their expertise. 𝗪𝗵𝗮𝘁 𝘆𝗼𝘂'𝗹𝗹 𝗹𝗲𝗮𝗿𝗻: 📌 Why a negative photo lineup isn't fatal to probable cause — and how Illinois v. Gates' totality of the circumstances standard keeps the investigation alive 📌 How Kansas v. Glover's registered owner presumption supports the argument that the RO was the one driving the vehicle at the time of the attack 📌 What additional investigative steps — cell phone warrants, criminal history, vehicle stolen reports — can shore up your PC articulation when direct identification falls short 𝗖𝗮𝘀𝗲 𝗹𝗮𝘄 𝗰𝗼𝘃𝗲𝗿𝗲𝗱: 📌 Illinois v. Gates, 462 U.S. 213 (1983) — probable cause is based on the totality of the circumstances, not any single factor 📌 Kansas v. Glover, 589 U.S. 376 (2020) — there is reasonable suspicion to believe the registered owner of a vehicle is its driver absent contrary information Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
EP#1015 How Do You Establish Probable Cause When the Victim Fails to ID the Suspect?
An officer asked: If a fugitive now lives at his girlfriend's residence, is it still considered a third-party residence — or can you enter and execute the arrest warrant without amending it? This is a special episode recorded live in Irving, Texas during Blue to Gold's Certified Search and Seizure Instructor (CSSI) program — the only certification in the nation that trains officers to become subject matter experts in search and seizure. Anthony puts one of the graduating student-instructors on the spot, having them answer real officer questions as a practical test of their expertise. In this Roadside Chat, Anthony walks through Payton v. New York and Steagald v. United States with a CSSI student to clarify exactly when an arrest warrant authorizes entry — and when it doesn't. 𝗪𝗵𝗮𝘁 𝘆𝗼𝘂'𝗹𝗹 𝗹𝗲𝗮𝗿𝗻: 📌 What Payton v. New York authorizes — and why the address listed on the warrant doesn't have to match the location of service as long as it's the suspect's current domicile 📌 Why Steagald v. United States requires a separate search warrant to enter a third-party residence — and whose rights are actually being violated when you push past the homeowner 📌 Why Pennsylvania is the only known exception to the Payton rule — and why best practice is to update the warrant address when you have the time 𝗖𝗮𝘀𝗲 𝗹𝗮𝘄 𝗰𝗼𝘃𝗲𝗿𝗲𝗱: 📌 Payton v. New York, 445 U.S. 573 (1980) — an arrest warrant authorizes entry into a suspect's domicile to effect the arrest 📌 Steagald v. United States, 451 U.S. 204 (1981) — a separate search warrant is required to enter a third-party residence to arrest a fugitive Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. 🚨 https://www.bluetogold.com/show https://bluetogold.com/trainings/?attendance=webinar If you like this video, don’t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: ➜ Class Schedules - https://www.bluetogold.com/trainings ➜ On-demand Training - https://university.bluetogold.com/ ➜ Free Legal Training Webinar - https://bluetogold.com/trainings/?attendance=webinar ➜ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: 🌍 Facebook - https://www.facebook.com/bluetogold 📸 Instagram - https://www.instagram.com/bluetogold 🎥 TikTok - https://www.tiktok.com/bluetogoldtrai... 💌 LinkedIn - https://www.linkedin.com/company/blue... #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw
EP#1014 Does Your Arrest Warrant Cover a Fugitive Living at a Third-Party Residence?
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