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Hey guys, Anthony Bandiero Here attorney, Senior Legal instructor for blue to gold law enforcement training. 
Now the roadside chat from an officer question comes from an officer in Florida. And basically I think comes down says, Can you clarify protective sweeps at murder scenes? All right. Here's what my officer says. I watched a, you know your video regarding protective sweeps where you referenced a case called Mincy versus Arizona a 1978. Case. I'll give you a little background in a second, where there is no murder scene exception, you know, under the Fourth Amendment, so if respond to report, it's shooting in a driveway of a residence, wouldn't we have exigent circumstances to conduct a warrantless sweep of the residence for possibly other injured parties or to see if the perpetrator was still on scene? In similar fashion, we typically follow the path of the bullet trajectory to ensure no one else was hit, similar to a public safety statement type of issue, right? How many shots did you fire, what direction and so forth? Alright. So in order to understand where my officers coming from, we got to understand what I said before. So under that Minsi case, your police are not allowed to search a to basically process a crime scene in Mincy. Very unfortunately, an officer got killed during an undercover operation. The officers then you know, came in, you know, they rested man. So he actually got shot as well, but he survived. The officers then spent four days processing the crime scene. without consent, right. mincey was not asked, nor did he give his consent, and the officers did not get a warrant. Now, the Supreme Court suppressed a lot of the evidence that was obtained during that search of his of menses residence. Why? Because the Supreme Court said, Look, we understand that this is a serious crime, it's a murder of a police officer. However, there is no murder scene exception, you don't you don't get around the Fourth Amendment warm requirements simply because you have a murder or a very serious crime. Okay. Now, with that in mind, that does not apply to what the officer is talking about here, these protector sweeps, there's totally different Minsi is about one thing, it's about processing crime scenes, it's about the luminol. It's about the strings in this the sticks through the holes to see trajectories, it's about blood splatter, you know, analysis and see, basically, it's about CSI coming in on the scene, and getting trace evidence and stuff. It has nothing to do with two things. Number one, as partner here, number one is any kind of plain view evidence. See if the officers sweep up, you know, let's do a protective sweep of the murder scene to make sure there are no victims, and then they see a gun in plain view, they can absolutely if they want seize that gun under plain view that that guns coming in, they can seize a knife with blood on it. Now many cops are just gonna leave it there. And let's see OSI do that, or the tech does and so forth. And that's fine, too. But the point is, it has nothing to do with these plain view seizures as long as the cops were lawfully present, which brings me to my next point, the protective sweeps Mincy does not prohibit protect sweeps when you reasonably believe more victims or the perpetrator could be inside the house. Therefore, if officers arrive at a crime scene where there is a shooting, and they reasonably believe, and I think most of the time, they are going to believe this that the location of the shooting and where the that the suspect could have retreated into the home. And he could still be in there. But you know, cops can go in there and sweep it and to take him into custody or you know, to detain him and so forth. Because it's not safe to let a perpetrator inside a home with a gun
potentially prepared to ambush cops out front processing the crime scene getting a warrant. So I see no issue generally speaking, but you know what that principle? The same goes with victims. If there's a victim lying dead in the street, it you know, you believe that the altercation came from this house and this house is involved in that altercation. It's reasonable if you can just you know, if you articulate Don't, don't, don't just say per Anthony, I can go in there. It's reasonable to believe that there could be other victims in there. Sometimes you'll have evidence like there's a blood trail or people say yeah, they're, I think someone else got shot or the there's bullets also in that through that window through that door and so forth. And that's going to give the officer pretty clearly objective evidence that there could be more victims in there. You know, so far as following the trajectory when you're going to other people's homes that are not directly involved, use good judgment. You know, you're the ones that are out there having decide whether or not you're going to go into people's backyards. And you know, make sure you announce your presence does not have a, you know, scare a neighbor believing that there's a prowler in the backyard come up with Donnie and I'm shooting him right you're gonna announce your presence police knock on doors, see if everybody's okay, you know, during you're going to do things like that and not just kind of, you know, just warmly sent normally warrantless Lee enter every single house in the trajectory of the bullet right. But that's that's the clarification here and I'm so glad that my cops you know, when you read when you see these videos, and there's something that's not clicking because when I say things, it makes perfect sense of my small brain. But you know, when I share these things, sometimes officers I think okay, is Anthony also saying that we can't do protect the sweeps? Is that what Mincy is all about? And it's and it's not and now you know why but I'm glad you clarified and so if you have other clarifications, let me know I'll make another video right Alright, guys, that's what I got for you. Do me a favor before you hit that door you get out of here hit like or unlike right this like right, that's fine too but just give me some feedback about what you if you like these videos, please subscribe if youre not subscribed  leave a comment if you have time. And with that, my friends I'll see you next time.
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