Warrantless Vehicle Searches: Every Cop Must Know!

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Warrantless Vehicle Searches: Every Cop Must Know!

Рет қаралды 25,578

Күн бұрын

The New Mexico Court of Appeals just handed down a case holding that an inventory search was unreasonable where the officer did not exercise discretion as required by department policy.
Key Take-Aways
1. Know and understand your department's inventory policy.
2. Always exercise officer discretion, act as a reasonable officer would act.
3. Bad facts make bad law! Know the law like a lawyer, understand it, apply it.
State v. Andrew Ontiveros, No. A-1-CA-37870
coa.nmcourts.g...
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at tacticalattorn...
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.

Пікірлер: 108

@DavidJones-pc4ft Жыл бұрын

Don't answer questions. Don't consent to searches. You have the right to remain innocent.

@lgDukeCity5018 Жыл бұрын

I am not an officer I have been watching many of the Auditor channels. I decided to seek out information for myself and found this channel to hear the other side.

@tacticalattorney Жыл бұрын

Awesome, glad you are checking it out. I just state the facts and the law from the courts so law enforcement can educate themselves on what the law actually is.

@lgDukeCity5018 Жыл бұрын

@@tacticalattorney Exactly

@jlk566 11 ай бұрын

I had friends in Tulsa ok, one ohp one tpd , they said quite clearly to me that if they want to look in your car they will no matter what else...I think you shoud foster citizens rights over police rights....it's wrong to demonize the citizenry in this context, listen to yourself

@frankdoss6313 3 ай бұрын

Same here. It helps for citizens to know the law and where officers are coming from.

@fencarroll9463 5 ай бұрын

Remember the golden rule: don't break the law while you're breaking the law. Also, assume every cop is a danger to your existence, don't consent to a search and don't chat with the cops. The longer you're there the more likely the cop will "smell" alcohol or the leafy green.

@Ben-eh2bq 6 ай бұрын

The courts here made an EXCELLENT decision. It’s not just about the officers-we live in a country where citizens have rights and cops must abide by laws and their own policies

@emersonicuaudits 2 жыл бұрын

It would be nice if ALL law enforcement would know the LAW and follow it. I see allot of police making them up as they go

@tacticalattorney 2 жыл бұрын

Thanks for the comment, couldn't agree more. I stress to the officers I train that it is there job with a capital J to understand and correctly apply the law.

@gfy2979 11 ай бұрын

These are narcissists, not decent people. They cannot follow rules.@@tacticalattorney

@davidwright2876 9 ай бұрын

One problem is there are so many bad cops, full of arrogance that think they are above the law

@danarenee3341 Жыл бұрын

So what about when they specifically go looking. For. Contraband under the inventory exception... And they don't even make an inventory once they find what they're looking for?

@gingermartin2573 5 ай бұрын

Ur right! They not looking for valuables!! They looking to charge that person with a crime to make that county that money.

@timclark6434 20 күн бұрын

Commandment #9: You Shall Not Bear False Witness

@jlk566 Жыл бұрын

You foster an us against them attitude between police and citizens.. The officer in your story stating " I always tow ..." is speaking loudly to the idea that he is assigning a punishments...... Jus a note , when you take a person's vehicle, that individual is much more likely to become an offender because they have no way to make a living

@ReneMcintyre-n6q 2 күн бұрын

The police think, " Everybody is an Asshole." Source Dr. Sue Bessemer, Criminal Justice, San Francisco State University.

@tankcommander33 Жыл бұрын

There is no policy that says you tow the vehicle for that. That is a violation because there was no need for a vehicle tow, the vehicle belongs to another owner and is traffic legal. Even if you arrest a driver the effort must be made to contact the owner to get the vehicle if its legal to be on the roadways.

@gemgal711 2 жыл бұрын

I noticed the "blue line flag " behind you, what are your thoughts on how that symbol has now become a "blue line gang symbol?"

@lizziecoppock7496 11 ай бұрын

Ok I want you to show us a single case where the cop , their department or the taxpayers has to reimburse a single citizen for missing valuables. Please one single time lmao

@tacticalattorney 11 ай бұрын

Unfortunately it happens more than it should. In my time as a city attorney we paid out on everything from missing/damaged cell phones to a geologist's damaged core sample. Yes, the city paid for damaged dirt.

@forall1791 Жыл бұрын

If my car breaks down on the side of the road and it is out of the way of traffic it is not towed. As long as I lock it before I go to get help my insurance will cover damage and theft. I think it is stupid for police to tow for the excuse of protecting your valuables when we pay for insurance to do that and we should be out on bond shortly or can have a family member come get the car. When I had a medical emergency and had to abandon my car to get in the ambulance my cousin took my car for me. No police had to be called to tow it to protect it. Another scam!

@SmilingAlpineVillage-pz8cg Ай бұрын

I recently had the misfortunr to experience a search warrant executed at my residence i requested a look st thevsearch warrant and was told " oh dont worry we have one , " at that they cuffed me and put me in a squad car .. they then went into my suv in the driveway and removed the keys from the ignition and my firearm and cel phone from the console ...went i was resleased o found a search warrant in the floor next to the entry door of my house...attached to the search warrant was an inventory sheet listing everything taken except my cel phone and my keys ...found the keys 6 months later in a ash can next to the fireplace the cel phone was not listed but it wss in possesion of the county evidence center along with my firearm ...they listed the firearm taken for safekeeping ...i had no keys which amounted to transportation to get food an supplies that i needed ...i walked 30 miles one way in an attempt to purchase another cel phone ...walmart was closed when i got there i bugged them constantly before they returned my phonr still have the firearm ...everybody says ill never get it back ??

@mikeburns6603 16 күн бұрын

The Supreme court ruled that the 4th ammendment is all fine and everything, unless it inconveniences any police. So for example, they can use a fake doggy sniff test to say that there are drugs, and that serves as probable cause, so no warrant is needed. Note that dogs cannot be cross examined, and they can't be tested to see how often they are wrong (or how often the handlers can encourage a certain outcome).

@user-gx2yy1df6f 11 ай бұрын

2:40 and the officer makes the statement, " i can see your grandmother lives in a trailer park while i live in a nice home in a nice neighborhood and drive a nice car and i have a nice boat and even a 4 wheeler, ALL paid with peoples taxes, i can see that your grandmother probably can,t afford the $150 dollar a day storage fee not to mention the $200 tow charge so naturally i.ll have the car towed to show what a nice guy i am "

@i-primeproductions1517 2 жыл бұрын

Great analysis video and very informative. I am curious about the claim that cars need to be towed because if something happens to the car after someone is arrested the police are “responsible” for whatever happens to and the contents of the car. I’ve never seen that caselaw before. Towing with impoundment can cost between $400 and $1000. This should be first feud as an unnecessary financial burden on a citizen. If a citizen or an officer is concerned about the safety of the vehicle and or its contents they should be given that CHOICE if they want it towed and if the police are actually in a responsible position which I’ve never seen the citizen could merely perform a written or verbal waiver. Not by the police but I had a car parked in a parking lot that was ILLEGALLY towed not meeting the requirements by state law and the towing company was guilty of TAMPERING.

@tacticalattorney 2 жыл бұрын

Great questions. The big case on inventory searches is South Dakota v Opperman. The court addressed a lot of your questions in that case. Federally, the inventory exception is a well defined warrant exception. However, states like New Mexico that afford greater rights under their own Constitution may have a separate analysis. I addressed this issue iny latest video. Thanks again for the questions. Keep them coming!

@joehannah1343 8 ай бұрын

Why don't you just come out and tell them the LIES they need to articulate! Looked nervous? Stood up for their Constitution rights? THESE ARE RED FLAGS???

@jensgropp 10 ай бұрын

Sue the police every chance you get

@royceellena 6 ай бұрын

Why?

@TintandTransform 9 ай бұрын

Can someone that's under arrest legally give consent in New Mexico? Are miranda warnings required if so?

@Max-cd8fm Жыл бұрын

I just found this channel and I love it!

@ricladouceur6202 Жыл бұрын

Why would police want this type of training. It interferes with their qualified stupidity. The point is an inventory search should only be used for the implied purpose, to protect the property of the suspect following an arrest when the vehicle must be impounded. It's not an evidence fishing expedition for other crimes.

@danarenee3341 5 ай бұрын

That's exactly what it is. They ruined my life w a inventory search. On a seatbelt ticket warrant.

@kathyrambo2776 Жыл бұрын

FIRSTLY JUST STARTED WITH YOU IS THAT A COPY OF THE CONSTITUTION ? LOVE IT 😊😊😊

@tacticalattorney Жыл бұрын

Indeed it is. Thanks.

@frankdoss6313 3 ай бұрын

When they inventory, do they pull the property in for safe-guarding or are they leaving it in the car? If it's being left in the car, the inventory is not for the benefit of the car owner.

@angel61502able 10 күн бұрын

Criminals have more rights than anyone in the U.S.

@judyutah 6 ай бұрын

During a welfare check of parked car (for 1 hour) in nice residential area, the D sheriff yanks person out of car, asks if can search car (not person's car) and person says NO, its not my car. They look through a bunch of clothes & find drugs, unbeknown to me. I am arrested for possession. Please answer. Thank you. They also towed, kept & sold this car.

@DE-ke2rf 6 ай бұрын

The fact it was being driven by a driver with a suspended/revoked license negates the fact that the perp disregarded a police officers signaling with his emergency lights to immediately stop, and instead drove to the alleged owners private parking place. What is this, Survivor Island? The parking place is like an immunity object?!? BS. You either have discretion or you don’t. Evidently NM hobbles its cops.

@jg5941 2 жыл бұрын

Officer could have asked grandma if she gave him the vehicle but still pays the registration Or how frequently she drives the vehicle vs how frequently her grandson does. Tied more of the property in the vehicle to the grandson. Or how often the grandson stays at the residents. Look into If the grandson has priors for driving unlicensed and how long the current suspension was in effect. Could easily articulate the grandson’s likelihood of driving the vehicle again in the near future. Thus making towing the vehicle more reasonable.

@tacticalattorney 2 жыл бұрын

Absolutely, although the Court gravitated towards the policy and procedure aspect, anything you can do as an officer to articulate the reasons why you relied on an exception to the warrant requirement will always help. You also hit on the key word, reasonableness. Reasonableness is the touchtone of the 4th Amendment. Thanks for the comment.

@mikezupancic2182 11 ай бұрын

It doesn't matter if she's in a wheelchair and can't drive. If it's her car and on her property you don't search it without a warrant.

@rimc8783 2 жыл бұрын

It sounds like any vehicle parked legal during a stop can't be searched because it violates 4th amendment rights unless the police have reasonable . And a inventory isn't responsible suspicion! Plus if I park my vehicle in a legal place ( public property) it cannot be towed for 72 hours.

@tacticalattorney 2 жыл бұрын

You are correct, but to be more precise, a vehicle is personal property that the courts have found to be a constitutionally protected area that we have a reasonable expectation of privacy in (very reduced expectation of privacy under 4th Amendment but not New Mexico law). This means that the government must have a warrant or an exception to the warrant requirement to search a vehicle. The inventory exception only applies where police have (1) lawful access and control of the vehicle, (2) policy and procedures exist and police follow it, and (3) the search is reasonable.

@lgDukeCity5018 Жыл бұрын

@@tacticalattorney Artificial Intelligence is going to blow up any remaining expectations of privacy. They are passing laws for new cars to be surveilling you IN your own car

@Dazmon3434 2 жыл бұрын

Where can I find information on laws like this for my state(NC)?

@dsmith9572 3 ай бұрын

Safety deposit boxes are not inventoried to "protect their contents".

@carsfabio Жыл бұрын

Actually, when you guys go fishing, let me paraphrase when the officers go fishing illegally in someone’s car. They’re actually looking for something to charge you with and also they’re looking for something called civil forfeiture. And officers are known to do it and this is fact. That’s another thing that needs to be removed. Don’t get me wrong I love your videos, and I’m learning more and more every day that I watch them, and I’m very thankful for that.

@SmilingAlpineVillage-pz8cg 5 ай бұрын

Search warrant inventory

@dsanchezc3 11 ай бұрын

What about a search for documents within reach of the driver? Also, the officer could have asked the owner for permission to search.

@mackstack4901 6 ай бұрын

The Police can always ask if there are any valuables in the vehicle needing protection.

@CreativeM35 Жыл бұрын

When recovering a stolen vehicle and doing a tow inventory along with the ROs permission to look through the car. If narcotics are found do we still need a search warrant? Also does the Carroll Doctrine apply in New Mexico

@tacticalattorney Жыл бұрын

The Carroll doctrine does not apply in NM. In NM, it would be preferable to get a warrant to continue searching after finding contraband while performing an inventory. If you are in a state that follows the 4th Amendment it would not be necessary but it's always a good practice to get a warrant if drugs or contraband are found. Hope this helps. Thanks for the question!

@user-gx2yy1df6f 11 ай бұрын

vehicle searches ? huh ? any cop can search any car any time and anywhere he wants, he doesn,t even have to smell marijuana all he has to do is SAY is he smells marijuana, and it,s goodbye 4th amendment !!!

@mikezupancic2182 11 ай бұрын

This isnt a case of making bad law, its a case of civil rights violation which every cop shoild be well aware of and not be lazy.

@barbaramatthews4735 Жыл бұрын

Are you say that it is OK to "always do it this way" as long as you dont admit it in court? Or are you advising to stop "always doing it this way" whether or not you admit it court. There is a big difference. I'm not implying anything. I didnt understand.

@tacticalattorney Жыл бұрын

Thanks for pointing that out. To be clear, I was referencing the dangers of officers being stuck in a "I always do it that way" mentality. This case illustrates the importance of officers to be educated in the law and in a 4th Amendment context, to always act "reasonably" as the 4th Amendment requires. As for courtroom testimony the most important factor for any witness, especially an officer is to always testify truthfuly. I hope that clears up any confusion. Thanks for the comment.

@barbaramatthews4735 Жыл бұрын

@tacticalattorney Thank you for responding and clearing that up. I actually don't have anything against cops. I'm against any criminal, no matter if he or she wears a uniform or not. I was never in law enforcement, but we we worked with them during my time in the Navy. I was a Corpsman and EMT for a while. I also had some security training and checked IDs at the gate. We had to take a mini training class and learn some law enforcement. It only scratched the surface, though. The ASF, or auxiliary security force, is a group of volunteers that help with duties to assist military and federal police on base when needed. My primary duty was medical, but I carried a 9mm and duty belt. I had the authority to detain, but not make arrests. I'm too old to work as an LEO nowadays, and I'm not in as good of health I used to be.

@tacticalattorney Жыл бұрын

@@barbaramatthews4735 Thank you for your service! Thank you again for the questions and comments.

@DavidJones-pc4ft Жыл бұрын

Look up Kelly Hellison and Zachary Wester.

@mikhaelis 11 ай бұрын

Years as a prosecutor how many times have you brought charges against cops who engage in criminal behavior by trying to get around the law so they can violate someone's rights? I'd wager zero.

@tacticalattorney 11 ай бұрын

Several, no one is above the law. My goal with this training and the channel is to educate those good officers out there so that they can confidently and competently enforce the law while maintaining the civil rights of the citizens they are sworn to protect and serve. www.alamogordonews.com/story/news/crime/2016/10/27/former-alamogordo-police-officer-found-guilty-assault/92868136/

@mikhaelis 11 ай бұрын

@@tacticalattorney I think we both know the "protect and serve" schtick is just that. SCOTUS has ruled police have no duty to serve or protect anyone and their only duty is to enforce the law. I'm firmly in the camp of there are no good officers. Good officers are always forced out. Everyone else maintains the Blue Code of Silence. Silence is complicity. So why exactly are you a former prosecutor? Was it detrimental to your career when you did prosecute cops?

@NinaSaffold-ko8cy 5 ай бұрын

I been watching all KZfaq videos I need to know , if know knock warrant police make entry should they be watching or surveilling the house so no innocent people walk in to buy a pocketbook right before they’re getting ready to enter what happened to me I went to buy a purse. I walked into a house and five minutes later the swat raid was awful. I was searched two times a gun to my face on my face a rifle I didn’t know they were police I thought the house was being robbed should they have taken me out before they made entry should’ve been surveillance to take out innocent people before they make entry.

@tacticalattorney 5 ай бұрын

No knock warrants vary depending on your State's law. Nationally they are becoming less favored. I typically suggest surround and call out. Without knowing the details of your particular case I cannot comment further. You should contact an attorney in your state for legal advice.

@NinaSaffold-ko8cy 5 ай бұрын

@@tacticalattorney most lawyers don’t wanna talk to if you didn’t get physically hurt as soon as you call Lawyer , the first thing is, did you get physically hurt and if you say no , you don’t pass the Sectery if you don’t get physically hurt, I suffer from PSTD Lawyers, don’t care they need you to get a broken arm or a shot to be able to talk to you all I wanted to know should of had surveillance around the property 10 minutes before they made entry because I literally was only in the house about seven minutes between going in outside the smoke cigarette and then back in and then that’s when the rain happened so I wasn’t in the house eight minutes before they went in can’t find any info online that says that they were supposed to surveillance the property before they make entry in a high-risk no no knock warrant

@NinaSaffold-ko8cy 5 ай бұрын

What I did find out is the guy was a big criminal. He had a complaint warrant, and probably cause I found out his last name. After the fact, this guy had been in gun charges all his life as young life, and the night of the swat it was because he had a complaint warrant and probably cause I did get a copy of the warrant, but my name wasn’t on it. I was an innocent person, just going there to buy a purse. Sadly, I wind up with guns in my eye And cop and detained for six hours. It was search 2x

@jakethomas1311 10 ай бұрын

Wht is the new Mexico new case law

@timendrizzi2180 Жыл бұрын

Traffic is Transportation therefore unlawful.

@adamfulleraf 4 күн бұрын

How about the cops follow the law and get a warrant and there isn't a grey area

@daniam4418 Жыл бұрын

I see it’s about doing better police work 11:25

@bornfree3124 Жыл бұрын

A good case on probable cause is ( people vs Grace )

@jerryboyer5200 2 жыл бұрын

Another GREAT video Eric. Thanks for what you do.

@tacticalattorney 2 жыл бұрын

Thank you sir! I appreciate what you do as well.

@ashajames7594 Жыл бұрын

Are warrants public info

@tacticalattorney Жыл бұрын

Generally no because they are entered into NCIC. However depending on your state's sunshine laws you can usually find out if a criminal complaint is filed and therefore deduct a warrant has been issued. Check your state's court's website for more info.

@keithjenkennedy4653 11 ай бұрын

Ok don't leave it on the side of the road where friends or family can take it to there home cops go through it have it towed to a yard where it cost an arm and a leg to get it back and if you can't pay you lose iand all the stuff in it so the cops and tow company stael it insted and try to extort you and if you don't pay you lost it that's a lot bettrr then some on one the street takeing it jk its the same cops tow cars so the poor cant get them back and the tow companys make money dont lie and say itd for the people getting arrsted because its not

@youtubecarspottersguide1 11 ай бұрын

How about my travel Trailer

@tacticalattorney 11 ай бұрын

See California v. Carney for a good federal analysis.

@mindfulme706 Жыл бұрын

@tacticalattorney what if we have a warrant for a minor child? We know the child lives with its mom. We don't have a warrant for the mom, only for the minor child. May we enter the mom's home in order to arrest the child? Will the mom have a legit 4th amendment claim against us if we break down her door in order to effectuate the arrest on her minor? Thanks!

@tacticalattorney Жыл бұрын

Great question, I would refer you to your State's law, as I often mention in the videos, State's are free to supplement basic constitutional protections with greater rights under it's own Constitution. As a prosecutor I would always advise officers to get a search warrant to enter any home to arrest someone, even if we believed the person lived at the residence. A search warrant offers much more protections.

@Kahweekah2o2f 6 ай бұрын

Batter than an auditor

@simonblanco4864 9 ай бұрын

too much work for the pay and risk.

@tacticalattorney 9 ай бұрын

This is a significant challenge in recruiting and retention.

@houstonwright5220 Жыл бұрын

Explained blue line gang symbol. I think it is an abomination to our flag. No gangs please.

@garyjohnson8327 2 ай бұрын

So if your going to hassle poor people your departments need to have a policy that somehow trumps the 4A. Why do people hate cops?

@phishbutter Жыл бұрын

Bad facts make bad law? I don’t follow your reasoning. Based on what I’m hearing, bad facts make bad standing. It appears in this case good law makes bad policing a civil rights violation.

@tacticalattorney Жыл бұрын

You are correct. I like to use that terminology to remind officers that sloppy police work or lack of understanding of the law oftentimes leads to suppression. When police know the law and follow the law, it leads to more effective and safe policing that allows police to enforce the law while maintaining civil rights.

@phishbutter Жыл бұрын

@@tacticalattorney 😀👍🍕