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Hello, everyone, it's Anthony Bandiero. Here, attorney and senior legal instructor for blue to gold law enforcement training, bringing the roadside chat. All right. This one is a good one. I like this one. This one is Ken cops break a car's window to retrieve a firearm, that the firearm is evidence. Alright, this comes from an officer from California from Southern California. Alright, so let me give you the background here. Okay. I'm reading from a computer call for service. The victim says that she was assaulted with a gun. The suspect pointed the gun at her, didn't shoot her. But pointed at her. We obviously have assault with a deadly weapon. The victim knows the suspect knows where they were likely the person lives and gives it an accurate description of the vehicle, including plate and so forth. The deputies arrive at that address. And what did they see parked on the street? The vehicle? A neighbor is standing outside the cop say, Hey, neighbor, do you know who drives this car? And they're like, yeah, the guy and they described the suspect. And they're like, did you just go into this house? And he's like, yeah, he was he just came home, you know, maybe no more than five minutes ago. Now, the deputies look in the car. And what do they see in plain view? The gun, this guy did not even hide the gun from being observed from plain view. Right? Now the question is, what can we do? Can we go into that car and retrieve that gun? And hear the deputies specific want to know, if they try to open up the door in the door and the car is locked? Right? No doors are open? Can they make a four century into the vehicle? Can they smash the windows? Well, I have your answer my friends. I have your answer. And maybe you're gonna be surprised at this. But the answer is yes, they could. Now before I get in to the legal reasoning, I want you to know that not all states follow the federal motor vehicle exception, right? Mobile conveyance exception. They don't, they don't, not all states are going to have these rules. Some states like Washington, New Mexico, New Jersey, Pennsylvania, are going to have more restrictive rules. But the vast majority of states apply the standard motor vehicle exception that was based off of Carroll in cases after that. Okay. So in order to retrieve that gun, we gotta have four things. If these four things are in place at the exact same time, cops can smash the window. Number one probable cause? Clearly, I think we are slam dunk probable cause that That gun is evidence. Right? That gun is and also we're talking about California here too. It's going to be the guns not gonna be legal anyway, under these conditions. I mean, I don't you know, from my knowledge of California law, you cannot transport that gun like that in California. Now, this was, you know, another state, that's pro gun, you know, maybe different story, but the gun itself is also evidence of a different crime, which is, you know, some kind of illegal transportation firearm, but certainly it's also evidence of the assault with a deadly weapon. So check probable cause, next factor is is the vehicle and curtilage the vehicle cannot be on curtilage under the motor vehicle exception. And let if it is on curtilage, you cannot retrieve the evidence unless you have either consent by some even give it or you have exigency or a warrant here, the cop made it clear to me that the car is on the street in front of the house. That is not curtilage. So we don't have that issue. By the way...