LEO Round Table with Chip DeBlock
LEO Round Table with Chip DeBlock S11E124, Two SCOTUS Justices Take On Court Over Constitutional Police Encounters Two SCOTUS justices take on court over constitutional police encounters. Court says police can't just search a suspect over an outline of a gun. Gun stores sue governor over warrantless gun record seizures. Google search found to have been reason hundreds of Americans became involved in Federal investigation. Fourth Amendment Fault Lines: Race, Guns, Google Searches, and Police Encounters Race, Reasonableness, and the Fourth Amendment The episode opens with host Chip DeBlock introducing attorney, former law enforcement officer, and search-and-seizure trainer Anthony Bandiero. The first major discussion concerns a Supreme Court petition involving whether race-based assumptions about a person's perception of police should be considered in determining whether someone has been seized under the Fourth Amendment. Bandiero argues that officers should not be trained to treat people differently based on race and says the Fourth Amendment test must remain objective. The Carter Case and the Problem of Subjective Policing Standards The hosts discuss a case identified in the transcript as United States v. Donte Carter, involving officers on a gun task force, a consensual encounter, a pat-down, and the discovery of a firearm. Bandiero explains that the trial court treated the encounter as consensual, while the appellate court considered race as part of the seizure analysis. He criticizes that approach as unworkable, subjective, and inconsistent with equal treatment under the Constitution. Gun Printing, Concealed Carry, and the Maryland Ruling The program then turns to a Maryland appellate decision involving a man whose gun allegedly printed through his clothing. DeBlock explains that the man had a license to carry, and Bandiero argues that simply seeing the outline of a firearm should not justify a stop or search. The discussion connects firearm printing to broader questions about reasonable suspicion, lawful concealed carry, stereotypes, high-crime-area policing, and the presumption that a person carrying a gun may be acting lawfully. Marijuana Odor, Analogy, and the Need for More Than a Hunch Bandiero and DeBlock briefly compare firearm possession to marijuana-related stops, noting that smelling like a substance does not necessarily prove possession or use. Bandiero uses the example of someone smelling like cigarette smoke after visiting a casino to explain that officers need more than odor, appearance, or a hunch before detaining someone. This section reinforces the broader theme that lawful activity cannot be treated as presumptively criminal without additional facts. Colorado Gun-Store Inspections and the Limits of Warrantless Searches A large portion of the episode focuses on a lawsuit challenging a Colorado law that allows warrantless inspections of gun-store sales records. Bandiero explains the special-needs doctrine and its requirements, including notice, a compelling reason, lack of discretion, and minimal intrusiveness. He argues that the Colorado law is likely unconstitutional because it allows limitless suspicionless searches, contrasting it with federal inspection rules and Supreme Court precedent involving business inspections. Google Keyword Warrants and the Search for Fourth Amendment Balance The final segment examines a report about the Department of Justice demanding that Google identify users who searched for RNC and DNC headquarters during the first five days of January 2021. Bandiero explains the concept of standing and why the court reportedly held that Google could not raise Fourth Amendment claims before the warrant was executed. The episode closes with concern that sealed keyword warrants may create a framework for broad digital investigations without timely notice to affected users.
20 jaksot
Kommentit
0Ole ensimmäinen kommentoija
Rekisteröidy nyt ja liity LEO Round Table with Chip DeBlock-yhteisöön!