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Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor for blue to gold law enforcement training. Bring another roadside chat. This one comes from an officer in California. One of my favorite agencies actually, he's a chippy. And I love it I love Calvin hire patrols is a very fine organization in my book. But on topic here, the officer says basically, can an officer reach in slightly into a person's home to pull them out and arrest them? If they have probable cause, but no arrest warrant, right? So let's go over the fact pattern here. So an officer has probable cause, and the person opens up the door, they're talking to the officer, and the suspect is just you know, just an inch inside his house. Right? He's right next to the threshold, essentially, would it be a constitutional violation to reach in there and actually pull this guy out? With just the probable cause alone? No consent, no agency, no arrest warrant? Well, to answer that question, let's go over a few cases. Number one is, we do know that the threshold of a house is the bright line rule of where a person can be arrested. Under Supreme Court precedents, this case is called us versus Santana. And Santana was standing in our doorway when she was placed under arrest. And she ran to her house, the cops filed, they arrested her, you know, evidence was found, during the arrest in the Supreme Court basically held that that is the point of the demarcation line. So one foot forward, Santana's on our porch, one foot back, she's inside the house. So if you're in the doorframe, which is called the threshold, then the person can be arrested under the Fourth Amendment. Now, we don't have any cases from the US Supreme Court about pulling people out of their home. But we do have some cases about related issues involving the home. And I think it's very clear to me at least that the US Supreme Court would not uphold any intrusion into the home to pull somebody out to arrest them unless you had an arrest warrant exigency, or you know, their consent, right? Hey, come on out, you know, when you come out, right. So to support this position, let me read you a case from the 11th circuit. I actually, I'm just trying to actually find an I apologize, but I just realized that I have the citation, but not the name of the case, I'll give you a citation. It is a four a three, f dot 3d 1231. It's the 11th circuit 2007. So basically, what the court has said here is that there was an officer standing on the porch. And he reached into the suspects residence and pulled him out of the door and arrested him. Now, the suspects say that he was behind the threshold of the door completely in his residence. And the court found that going into his home and pulling them out violate the Fourth Amendment, because he didn't have a warrant, consent or Asian circumstances. And they also cite a US Supreme Court case called Kylo. Kylo is a case involving heat imaging using a heat thermal imaging on a home, and they found that that violated the Fourth Amendment. And they found in that court, they said that the bottom line is that unless a warrant is obtained or agency and so forth, any physical invasion of the structures of the home by even a fraction of an inch is too much. And that's what I teach my classes. So some cops have Anthony. What if his hand is on the threshold? Can I grab his hand and pull him out? And I say, I don't know because I've never seen a case like that. However, I will tell you that I would never do it. It's just not in the spirit of Santana. Right? I mean, I say never do it. If I if it was a really serious case, I probably would have exigency, but it's not in the spirit of Santana, to me spent 10 Santana was like the person was, you know, kind of in their doorway, kind of like leaning on the doorframe...