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- Опубликовано: 14 окт 2024
- Summary:
Anthony and John discuss a court case from Montana that addresses the authority of police officers to make initial contact with individuals who pull into their driveways during a traffic stop. They reference the Supreme Court case Lang v. California, which established that the severity of the crime is a factor in hot pursuit analysis. The Montana court expands on this by considering curtilage as an extension of the home and requiring officers to leave if explicitly told to do so. They also touch on the implications of the case for stolen car recoveries and the need for search warrants in certain situations.
Key Takeaways:
The Montana court case emphasizes that officers must leave a person's property if explicitly told to do so.
Curtilage is treated as an extension of the home and requires officers to have a recognized exception to remain on the property.
The severity of the crime is a factor in determining the extent of police authority during a hot pursuit.
The motor vehicle exception does not apply when a person has entered their driveway or garage.
Officers should consider obtaining search warrants in situations where they need to recover evidence from a person's property.
Quotes:
"The court said that the cop did not give any articulation of impairment." - Anthony
"Montana seems to want their cake and eat it, too." - John
"Courage is treated like the home itself." - Anthony
"You need to go to the curb, describe the person, and come back with your friends." - Anthony
"I'm holding out hope for Texas. That's our last hope. That's our Obi Wan Kenobi." - John
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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?
If your state law says that DUI is anywhere in the state wouldn’t you have a right to investigate a possible DUI
What keeps a person from pulling into a random driveway and pretending that it's their home? How far can we go to vet that the claim?
Traffic stop is lawfully initiated on the roadway. Person fails to stop and ducks into their driveway and they are just home free? Forces you to get a warrant?
Yeah, the logic all follows based on existing doctrine (to my understanding) but creates an absolutely horrible incentive if people are made aware that they can just go home and dodge a DUI or at least buy time for the alcohol in their blood to burn off.
Plus they'll be able to say they drank more after entering the home.
Recently in Portland Oregon cops saw a motorcycle speeding and went after the guy. He fled to his house and ran inside. The cops did not chase him into the home. Rather they got a search warrant and arrested the guy on his roof as he was trying to escape.
What about a cop tailing you doesn’t initiate lights you pull into your driveway and than decides to light you up 🚔
What was the Connecticut case?
Felony evading in a vehicle in Texas, would that change the thought of the misdemeanor issue?
(Florida here) Have to agree with John on this one. If a lawful stop was initiated prior to the subject stopping onto his driveway, the driveway does not automatically become “the floor is lava” for law enforcement. If this was a consensual encounter and the subject was already on his curtilage, then yes, get your ass off their property if you are told to leave and have no PC and or exigency.
Fleeing to elude is felony in Florida just like Texas, so, sounds like you have hot pursuit of a fleeing felon even if he crosses the threshold of his dwelling (front door, attached garage, etc.)
In the case of DUI, how would a cop articulate exigency? Destruction of evidence using elapsed time?
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.
A cop can lawfully go on the easement/sidewalk but once the cop goes past the easement and are told to leave it is tresspassing.
Now if a cop activates their emergency equipment, lights siren, BEFORE the car turns off the street then its a traffic stop even if the detainment occurs on private property but not within the confines of the home then its lawful.
HOWEVER, if the emergency equipment is activated AFTER a citizen enters their private property th3n its not a traffic stop and turns into a consensual conversation which the driver has no legal requirement to engage in.
can you detain (IE, control the movements of that person if he wants to leave when on his own curtilage) the homeowner on curtilage? And if you develop PC while the person is detained on Curtilage, can you arrest them or do you need to then leave and then get a warrant. Again does it matter when he tell you to leave by Brizula V City of Sparks if he is detained in the yellow part of curtilage??
Similar case in NJ. State V Nikola. Cop does SFTs in driveway. Cop was good.
So you’re telling me if I were to make a legit traffic stop. For whatever example speed. The guy drives an extra 5 seconds to go home. He says leave, i have to leave?
Does the suspicion of DUI/DWI have any effect on the exigency arguement? In other words, by the time a warrant is obtained the driver could have sobered up, or at least have a BAC at, or under the legal limit?
No. This was ruled against in McNeely. Court ruled there's enough time to get a warrant.
Cops coming onto private property is very tricky. Tricky for the civilians. I would say that in about 95% of the videos I have seen when cops come onto private property with no obvious exigent circumstances the cops refuse to leave the property when asked by the owner/renter. They continue their "investigation" many cases demanding ID or proof that the guy standing the doorway is the owner of the property. My question would be once the cop is obviously trespassing, is everything afterwards then fruit of poison tree? For example, what if a car in the driveway by the side of the house has expired tags can the cop tow the vehicle or issue a citation?
In CA, CVC 22653(c) Provides authority to enter private property to remove a stolen vehicle.
CVC 22653(c): a) Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, other than an employee directing traffic or enforcing parking laws and regulations, may remove a vehicle from private property located within the territorial limits in which the officer is empowered to act, when a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled.
Easy just tell cop you are THE DA and you are home free.
Back in about 1968 the police chased my father and me with lights and sirens on south Texas. We made it to the house and police didn't enter property.. Daddy laugh and said " y'all boys come on in and have a drink". Then they left.
Felony eluding. Dad goes to jail.
@@justice4049 Dad didn't go to jail.
@@markmixon1121he should have
You should have an updated psych eval, because you're a danger to the public.
DUI and Suspended License are not limited to public areas or streets. However, you would need reason to believe a violation occurred to investigate.
I actually detained the driver of a vehicle I didn't even see driving based off of what people called in about. SFSTs conducted in his driveway and he was arrested after he said he hadn't had any alcohol since he had been home.
Arrested on heresy. Great job tyrant.
In a town of 3000, the person the officer is attempting to ramrod will probably be related to at least 50 people. Not a wise choice.
I live in a town of 700. Arrest drunks all the time. No one says shit.
@@justice4049 Nobody says shit to you - the one who disappears is usually the last to know.
@@frankbeardsley2941 who’s gonna disappear?
One guess.