The Search & Seizure Show

What is a cause of injury search?


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Hey guys, it's Anthony Bandiero Here, Senior Legal instructor at Blue to Gold law enforcement training. And today's legal question is, what is a cause of injury search? Before I dive into what that is, don't forget to hit subscribe, follow me on Facebook, it's gonna be a great resource for you to get information and share tactics and so forth, your fellow officers, alright, a cause of injury search is when officers arrive at a medical scene. And they search the person's belongings for things that can help explain while the why the person is in medical distress. And oftentimes, these cases are about discovering evidence in plain view. So this is an exception to the fourth member crime, right? So you arrive on scene, it's a call is a man down, let's say it's in their home, and fires their you know, medical is there, the ambulance there, and you walk into, you know, provide coverage and support for the situation. Maybe it's a drug den, and so forth. Maybe it's you've had calls there previously. So you want to make sure the other first responders are safe. And while you're in there, you see a backpack next to the to the person, let's say the person is apparently odd, and you open up the backpack, and you find a gun, you find, you know, a drug evidence, you find maybe some fraudulent credit cards, now we're going to have a fight in court in the defendants argument is, you should have never went into my backpack. And your response would most likely be I had a right to do it as the core cause of injury, I'm looking to help you. I'm looking for reason for the overdose. I'm looking for medical alert bracelets, maybe even you know Id because that can also help provide care for the person, maybe the their refreshes in the system, they've they've had medical care before, and there's past notes about allergies and so forth. That's really why you're doing this. Now, as far as the mental mindset goes, by the way, we don't really care what you're thinking personally inside. I mean, certainly, many cops are going to have a hunch at the least that they might find other evidence in plain view. But as long as you were objectively reasonable, we don't care about your mental mindset. Now. Once what does that cause of injury search end? It ends when the necessity for terminates, you know, so for example, if the person is not overdose, but is in diabetic shock, and now, medical tells you hey, look, we're good. Like we know what this person is what's going on with this person or they start becoming you know, they're revived, then it doesn't seem with those facts that I gave you that there is still a need to keep looking for a cause of injury. So that's what it ends. Now, one other note on this is what about the evidence? in plain view, many states have immunity laws for drugs in plain view? Well, certainly, if your state gives immunity to people who have overdosed, and that's not going to be used for evidence, but what about the gun? And what about the fraudulent credit cards? You know, certainly those things are not protected by most immunity laws. So those things would come in as plain view evidence. I hope this helps keep the questions coming. And until next time, stay safe. When it comes

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or Call 888-579-7796 today to purchase the search and seizure Survival Guide, register for a class or learn how to bring our search and seizure training to your agency.

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The Search & Seizure ShowBy Anthony Bandiero

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