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Hey guys, Anthony Bandiero Here attorney, Senior Legal instructor bringing a roadside chat from an officer in Texas. Now, this officer says, you know, ask basically can we automatically pat down suspected gang members? Right? And to give you a little context here, the officer is talking about, you know, attending some outlaw motorcycle gang training, and, you know, get a lot of bad deals in the area. And then instructors basically saying, hey, look, if you are dealing with a one percenter, right? Michigan versus long, which is a US Supreme Court case, about first can vehicles allows you to essentially, you know, conducted frisk of that motorcycle for for weapons. The officer will first ask, though, this is what they teach, they'll ask for consent to search the motorcycle, if they say no, then they get them off the bike. And they search it anyway. Because of their because they're, it's known that gang members can easily access the saddlebag these game members can access to settle back and potentially grab a weapon. Now, the question is, is does Michigan versus long really hold that that suspect a gang members, you know, essentially can be automatically patted down just with that fact alone. And certainly, Michigan versus long doesn't it's not that fact pattern that's that case involved a drunk driver who crashed into a ditch and the officer saw him trying to go back to the car, it was a knife in the in the mat pocket in the door, if the door is open, you got you know, long back and another partner looked for sees the knife and look for more weapons in the immediate area, and found narcotics in the center console and the Supreme Court upheld it because the logic was, hey, look, he was trying to go back to the vehicle. It's, you know, it's a fluid situation, he's intoxicated, there was only one weapon in there, that could potentially be another weapon in there. And that frisk of the vehicles upheld, but it certainly didn't talk about anything about gang members. Now. All I can tell you is what I teach, right? I don't teach automatics like, you know, automatic searches, you know, for my cops. There's really no automatics out there. There's no free lunch when it comes to the Fourth Amendment, you're going to have to work for it a little bit, you're gonna have to go to court and explain that simply having a 1% patch. You know, that's one factor. It's a very important factor and, and but what else do you got there? I mean, you know, we're gonna have to have something more. And usually there's going to be so that's the good news. Here are some cases that kind of, you know, illustrate what I'm talking about, right. Here's a case out of Kansas, a case called State vs. Goldston. 2009. Now it says here at the time that the officer conducted the pat-down, he knew the following facts about the suspect. He was in a database as a documented gang member. He was with a known gang member who was on supervised release from prison and had been involved in prior stop involving drugs within the last two weeks. He had just come from a city known for drug activity, and were several arrests and or area of town. Actually, I think, I'm sorry, it's not a city. It was a gas station. He just came from a gas station where several rest of them made recently for drug activities and so forth. The officer also articulated he knew that drug dealers that involved in gangs often had weapons to protect the drugs and the money. Right. They're self help, right? They're like their own little police department. And considering all these facts, the court upheld, but do you see what's going on there? It's not just saying Your Honor. The person is a one percenter therefore, I conducted a vehicle suite, you know, or pat down. We need something more than that in mind book, but you're gonna have it usually. Let's go for another case. This case is United States versus Hammonds, it's out of the 10th circuit 2018 Please, police officers conducted a traffic stop at a busy intersection. Right they had they also believe they had reasonable suspicion that the past doors on the dangerous and pat him down for weapons why? Because he knew they knew from a database search that that he was recently arrested in connection with a weapons possession. He had was previously being a suspect in another weapons case. And he was listed  as a gang member.
See, if you see my point, there's, there's usually something more going on now. You're gonna you're the ones are going to have to make these decisions out there. I can't make them for you. But from a legal point of view, I just need cops to articulate why they're doing what they're doing. I have a class called bulletproof report writing and essentially what the class is all about is getting you guys to articulate more. The facts are there in, you know, 90% these cases, the facts are there, these facts are there, these these things that are going on, but we don't find them out until we go to a suppression hearing, and we pull the facts out like we're pulling teeth. When in my book, you know, we could have just document those things in the report, and not had the suppression hearing probably to begin with, because the opposite have been like, hey, look, these are all the reasons why I did a frisk and I pad this person down, not simply being a one percenter, even though that probably is the most important fact. But there's something else. What about his attitude? What about how long did he take the pull over? Right? Who is the associating with? What is his prior history? Is he favoring one side? All these things? There's probably more there. All right. But again, you make the decision out there, it's your safety. I can't make that decision for you. We can only fight about these things in court, but I want you to be physically and legally safe. Okay, before you guys exit and go on to the next YouTube video. Do me a favor, hit like, comment, whatever you good or bad until your friends hopefully this is helping. Alright. Alright, I'll see you guys next time.
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