The Second Gant Exception - US v Davis

The US Supreme Court held that extending a routine traffic stop to conduct a dog sniff is unconstitutional as an unreasonable seizure under the Fourth Amendment unless there is a reasonable suspicion of criminal activity.

An officer who pulled a car over because the owner had a suspended license did not impermissibly extend the stop by asking the driver for identification after it was clear that the driver was not the owner of the vehicle.

Officers had probable cause to arrest and the subsequent warrantless search of the vehicle was lawful under both the Second Gant Exception and the Automobile Exception.

In this LEO LAW Search and Seizure video, retired FLETC Senior Legal Instructor Bruce-Alan Barnard answers the question: Can an officer perform a search incident to arrest if the officer issues a citation for an arrestable misdemeanor?

The Seventh Circuit must determine if an encounter at a motel is a seizure under the Fourth Amendment and if consent to search was voluntary. The court then must determine if the officers exceeded the

This case provides a great review of the search and seizure concepts of consensual encounter, Terry Stop, and a search of a vehicle incident to arrest under the Second Gant Exception.

In this episode, host Bruce-Alan Barnard analyzes the 7th Circuit decision in United States v. Davis providing an explanation of the judicially-recognized exception for Search Incident to Arrest.

This 20-minute podcast from LEA ONE explains the Supreme Court ruling in Torres v. Madrid which defines a seizure by force under the Fourth Amendment. Hosted by: Bruce-Alan Barnard

In this episode of SEARCH AND SEIZURE, host Bruce-Alan Barnard explains how the definition of a Fourth Amendment search has changed as well as the direction in which it is trending.  Specifically, Bruce will discuss: The “old-school” trespass definition of a search in Olmstead v. United States (1928). The radically expanded privacy definition of a … Continue reading What is a Fourth Amendment SEARCH? →

Welcome to SEARCH AND SEIZURE … a podcast for law enforcement officers on search and seizure law.  In this introduction, Bruce-Alan Barnard describes what will follow in future episodes.