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Hey guys, Anthony Bandiero Here attorney, Senior Legal instructor for blue to gold law enforcement training.

Now the roadside chat from an officer question comes from an officer in Florida. And basically I think comes down says, Can you clarify protective sweeps at murder scenes? All right. Here's what my officer says. I watched a, you know your video regarding protective sweeps where you referenced a case called Mincy versus Arizona a 1978. Case. I'll give you a little background in a second, where there is no murder scene exception, you know, under the Fourth Amendment, so if respond to report, it's shooting in a driveway of a residence, wouldn't we have exigent circumstances to conduct a warrantless sweep of the residence for possibly other injured parties or to see if the perpetrator was still on scene? In similar fashion, we typically follow the path of the bullet trajectory to ensure no one else was hit, similar to a public safety statement type of issue, right? How many shots did you fire, what direction and so forth? Alright. So in order to understand where my officers coming from, we got to understand what I said before. So under that Minsi case, your police are not allowed to search a to basically process a crime scene in Mincy. Very unfortunately, an officer got killed during an undercover operation. The officers then you know, came in, you know, they rested man. So he actually got shot as well, but he survived. The officers then spent four days processing the crime scene. without consent, right. mincey was not asked, nor did he give his consent, and the officers did not get a warrant. Now, the Supreme Court suppressed a lot of the evidence that was obtained during that search of his of menses residence. Why? Because the Supreme Court said, Look, we understand that this is a serious crime, it's a murder of a police officer. However, there is no murder scene exception, you don't you don't get around the Fourth Amendment warm requirements simply because you have a murder or a very serious crime. Okay. Now, with that in mind, that does not apply to what the officer is talking about here, these protector sweeps, there's totally different Minsi is about one thing, it's about processing crime scenes, it's about the luminol. It's about the strings in this the sticks through the holes to see trajectories, it's about blood splatter, you know, analysis and see, basically, it's about CSI coming in on the scene, and getting trace evidence and stuff. It has nothing to do with two things. Number one, as partner here, number one is any kind of plain view evidence. See if the officers sweep up, you know, let's do a protective sweep of the murder scene to make sure there are no victims, and then they see a gun in plain view, they can absolutely if they want seize that gun under plain view that that guns coming in, they can seize a knife with blood on it. Now many cops are just gonna leave it there. And let's see OSI do that, or the tech does and so forth. And that's fine, too. But the point is, it has nothing to do with these plain view seizures as long as the cops were lawfully present, which brings me to my next point, the protective sweeps Mincy does not prohibit protect sweeps when you reasonably believe more victims or the perpetrator could be inside the house. Therefore, if officers arrive at a crime scene where there is a shooting, and they reasonably believe, and I think most of the time, they are going to believe this that the location of the shooting and where the that the suspect could have retreated into the home. And he could still be in there. But you know, cops can go in there and sweep it and to take him into custody or you know, to detain him and so forth...