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Alright, hey guys, it's Anthony Bandiero Here, attorney, Senior Legal instructor for Blue to Gold law enforcement training, bring it to the roadside chat from Joplin, Missouri. Got a question from an officer in Florida. He basically wants me to clarify protective sweeps and murder scenes. Okay, so the officer says, you know, he was watching one of my videos regarding protective sweeps, I mentioned the case called Mincy versus Arizona. And I'll explain in a second, where I talked about there's, you know, the Supreme Court ruled that there is no murder scene exception to the search warrant requirement. Okay. And then, you know, so he's talking about look, you know, however, if response reporting 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 to see if the perpetrator is still on scene, you know, and so forth. Right. Also, the officer says, you know, we also, you know, follow the trajectory of the bullet to see if other people been injured, you know, across the street, maybe in the back, you know, the other houses on the other street and so forth. And, and to make sure that nobody was hit similar to a public safety statement, you know, hey, where did you shoot? How many rounds? Did you fire? That type of thing? I'm looking at my computer, by the way. So any clarification would help? Look, let's let's do this. This is, uh, this is great. This is a great question. It's a great follow up question. Let's make sure that if there's some confusion about what I'm saying, you're like, man, you know, that doesn't really sound right. You know, please, I want you to reach out to me, because in my brain, it all makes sense. But when I make these quick videos on the road, I could say something that may not be. I mean, it makes sense. So let's first talk about Mincy versus Arizona. Look, the general rule there is that once police secure the scene, and they're looking for other victims, and they don't find anybody looking for that perpetrator, that you can't, you can't just stay in people's homes, process a crime scene, you know, and then use that evidence against somebody who has a privacy interest in the home. And in the Mincy case, the cops are actually in the house for four days, four days processing that crime scene, and no warrant and no consent. So that's the problem. All right. And they, you know, they recover, like almost 300 pieces of evidence, and so all that was suppressed. And that's not the way we do it. So instead, when we have a crime scene, we go to a murder scene, right, like a shooting and so forth. What we're gonna do is we're gonna arrive on scene, and we're going to, you know, potentially enter the home if you believe that more victims, or the perpetrator can be in the home. So what the officer is saying is absolutely correct, right. You know, that's what they're doing. And that is absolutely permissible. Mincy does not prevent that, because menses only about processing crime scenes. It's not about protective sweeps, that would fall under other court cases. Marilyn versus buoy US Supreme Court. I also think a case called Ryberg. Versus Huff would also kind of cover the public safety aspect. It's it's not directly on point, but it does talk about how when officers, you know, reasonably believe that they're about to be attacked, you know, they can enter homes and so forth. And I think that would apply for potential perpetrators. But look, the vast majority of courts, if not all, courts, are going to let cops go in there and look for perpetrators and more victims. Same goes for, you know, the trajectory of the bullet, right, potentially looking for other victims, and so forth. So you do things that are reasonable, and that certainly is reasonable. But once the crime scene is safe, once you got, you know, you did your protective sweep, and you look for people and people sized places, then at this point, you may be transitioning to a crime scene. And what's the rules there? Well, okay, all Plainview evidence is coming in. So if you saw something while doing that protective sweep, if you saw the murder weapon, that murder weapons coming in, if you were lawfully present while looking for somebody that's coming in, but if you look in a kitchen drawer, and you find a bloody knife, you got a problem on your hands, I don't know why you're looking in a kitchen drawer, you have to have you got to tell me why. But mostly, you're not going to look in drawers because people can't fit in there. Right? So it's that type of thing. And then once the scene, you know, plain view evidence coming in, then you're going to either need in order to process the crime scene, you're going to need consent from somebody who could give it like another occupant of the home. Or if you don't have that, you're going to have to go get a search warrant. So There it is a follow up question hopefully my friend in Florida hopefully that clarifies it and if other officers had the same, you know, question that also helps. Alright Until next time my friends stay safe.
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