The Search & Seizure Show

How do you handle misdemeanor crimes that were not committed in your presence?


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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 law enforcement turning, bringing the roadside chat from the studio got an excellent question from an officer from Florida, right, the great state of Florida. So I'm going to call this chat. How do you handle misdemeanor crimes that are not committed in your presence? That's what I want to call this, right. And so the giveaway some context, if I give you this scenario, many states, not all, but many states have a misdemeanor restriction that you can, you can not make an arrest for a misdemeanor, that was not committed in your presence. Now, all of those states that have this restriction also have some rules that have exceptions. So for example, DUI, not coming in your presence, domestic violence, not coming your presence, you can still arrest on those, even though they're misdemeanors, but they still have this common law rule that if you didn't see with your own senses, then you have to go another route. So I want to give some cops some tools to use to address those situations that come up frequently, right. So before I dive in with those tools, let me give you the scenario. I got my computer up in front of me so we can read a little bit. So officers get a call that the victim had or her purse stolen. They arrived 30 minutes later, now they have a suspect description. They see the suspect, you know, a few blocks from the place where this the purse got stolen. Now this purse wasn't as this is not a strong arm robbery. This was simply the lady was on her phone. She's not she's not paying attention that she's an outside cafe. And the guy just comes up and grabs the purse and leaves right so then she realizes a purse is gone. So not a strong arm robbery or theft. Now in Florida, the have a felony? I think it's is it a felony? Yes, I felony is $750 or more in value. The victim says The purse is worth about 450 Not a lot of contents that are worth anything inside the purse. So she's claiming a loss of approximately $45. So we're in the misdemeanor level. Now they also have video of him. You know, behind some bushes, they add a school they go behind the bushes, they find the contents of the they find the person so forth. And here's where we're at, you know, can we make the arrest or not? If we can't make the arrest? What are we supposed to do? Okay, well, let's, let's address a few things

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The Search & Seizure ShowBy Anthony Bandiero

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