Two Cops One Donut

Why Cops Screw Up: Constitution and Arrest Search & Seizure


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Ever wondered where a traffic stop actually ends, or why a simple order to step out of the car can ignite a constitutional fight? We brought on a rare voice who has lived both sides of the badge—a former highway patrol sergeant turned Harvard Grad attorney, Anthony Bandiero—to demystify search and seizure with plain, usable rules. Together, we press into the places cops and citizens collide: Qualified Immunity, the moment a warning becomes a ticket, what Pennsylvania v. Mims truly permits, and how to handle speech without letting emotion drive enforcement.

We move from the curb to the front door and into the yard, where curtilage is the most violated and least understood terrain. You’ll hear a clean framework—consent, recognized exception, or warrant—for any search or seizure at a home, plus clear guidance on arrests at a suspect’s domicile versus third-party residences under Steagald. We unpack real scenarios: loud backyard parties and exigency, knock-and-talks that drift into unlawful entry, and what “reason to believe” someone is present actually looks like.

Then we widen the lens to modern surveillance. Flock cameras, fusion centers, and private feeds don’t automatically trigger Katz today, but a mesh of cameras tracking your movement like virtual GPS might. We talk policy, FOIA pitfalls, and how agencies can protect privacy while still solving crime. And yes, we tackle qualified immunity—where it makes sense, where it fails, and why courts should be forced to answer whether a right was violated before awarding immunity. The fix isn’t just legal; it’s cultural: more training, better articulation, less ego. That’s how you cut lawsuits, strengthen cases, and earn trust.

If you care about the Fourth Amendment, practical policing, or simply understanding your rights, this conversation delivers clarity without the legal fog. Subscribe, share this episode with a friend who loves a good legal debate, and leave a review with the one rule you think every officer and citizen should know.

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Two Cops One DonutBy Sgt. Erik Lavigne

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