The Search & Seizure Show

Can police officers conduct a surround and callout on a third party's home?


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The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor with blue to gold along for some training, bringing the roadside chat from the studio. Alright, we got it. We got a doozy here. So my, the question is going to be, can officers conduct a surround and call out on a third party? third party's home. Okay. So when I say third parties home, what I'm talking about here is your surrounding a third party, right, someone who's not directly connected with the case when you are trying to get in custody another person, right, you have a warrant for the person, and they're at a third party's home, you have probable cause for the person, and they're at a third party's home. So that's how I like the idea here, I'll go into more detail about what I mean and so forth. But let me give you this scenario. This is from an officer in in from Indiana. All right. So they conduct surveillance of for wanted suspects, they have an arrest warrant for that person. They will often see them at a third party's home, a friend's house cousin's girlfriends, etc. They'll sometimes see them come out and go back into the home, right? They're grabbing the paper in their slippers. Well, maybe not quite that right. And so they know for sure that the guys there. So the next move is to surround the home and call the person out. If the person refuses to come out, they'll go get the warrant, and enter the home for that. Okay, so the COP is wondering, hey, does this practice? Is this practice flawed? Or is it constitutionally firm? Okay. I think it's flawed. I think we got I think we got a problem on our hands, my friends. And I have some concerns. Now I tried to look up, you know, when I answered these questions, just so you know, I'm a practicing attorney, I got clients that, you know, that need me that pay me that, you know, call me and, you know, I got to focus the vast majority of my of my energy and my time for my clients in my training and so forth. But I do try to find some cases, you know, when I when I do these, these roadside chats, and I found one that supports my position, but I've not found one that really is like on onpoint. So we're kind of making some case law here, but let's walk through it. Okay. So first of all, we know that if police have an arrest warrants, they can serve that arrest warrant at the person's domicile. That rule came from Payton, New York, Payton versus New York, okay. So if police have a warrant, they can serve it at that person's domicile. If the police have a warrant, and the person is at a third person's house, cousin, friend, etc, then they need either consent by the homeowner to come in exigency, or they need a search warrant to go into the third party song. And the reason why this is a supreme court here, right? The Supreme Court said, You know what..

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The Search & Seizure ShowBy Anthony Bandiero

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