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Hey guys, it's Anthony Bandiero. Here attorney and senior legal instructor for Blue to Gold Law Enforcement Training bring you another roadside chat from the studio got an excellent question. I'm looking at my computer here from an officer in California. Okay, so the officer basically is asking, Can police go into a neighbor's backyard during a SWAT operation? Excellent question. So let me just kind of give you a little feedback about the scenario here. So during a SWAT operation, let's say a search warrant, SWAT operators are attempting to establish containment next to the house, right to the residence, the target. Now they ask permission to go into somebody's backyard, but they are denied. Can the officers still enter the neighbor's backyard for containment purposes only? or would this be a violation of the Fourth Amendment? Excellent question. And here's your answer. Do you have agency? Right? Do you have actions the agency just to get you into people's backyards? Now? I need to know more facts. Right? I didn't know more facts, why do you believe that? That there's no time to go get additional pre-approval to be in these neighbor's backyard. By the time you get that approval? Whatever, something bad could happen. I need to know what I know. Now, first of all, we're pretty close there logically because this cop is telling me that they got SWAT deployed, you know, on this house, right? In 2021, we're not dusting off Swat, unless it's pretty serious is my impression out there because of the liability that comes with SWAT operations. So we're getting our operators out. And we're gearing up. It's, it's for a serious situation, right? People have guns, and so forth. That could be, you know, a menace and so forth. So I want to know that though. So I guess that goes along with what the operation is about? If this is a, I mean, Wahby does not SWAT for a child porn investigation? I don't know. You're gonna have to sell me on it. But you get my point. So the answer is Look, do you have exigency? Do you have some kind of public safety issue that if you are not in that backyard, this guy could escape and hurt other people? Right? Is this is his this neighbor's house, the only yard that you could have put is the only yard that you could actually potentially have a container like contain this person, there's no alley, there's, there's a huge retaining wall. On the other side. In other words, this neighbor, like it or not, has the best place for us to to be in case this guy comes out. So stuff like that will help. But as a matter if we go into that backyard, and we go to court, and we get sued, now, these, these neighbors are already denying entry. So you know what's going to happen. If the cops go back there anyway, they're likely to get sued, right? They're already kind of giving you a heads up like, look, you know, we're not on your side on this one. You can't go in our backyard. So expect a lawsuit. And especially because the cops have a, you know, a little heads up on this, you better feel damn good about what you're doing. Because you want to be defensible. You don't want to be, you know, on the fence here and be like, Yeah, you know, could have went either way. I decided to do it anyway. Look. Nobody wants to be in a lawsuit and lose. Now, you can't stop people from suing you. But losing cost a lot of money, right? fighting them costs a lot of money. So that's my advice. My other advice to you, by the way, is push up the chain, right? Unless you have something pressing right now, and there's people lives in danger and so forth. But if you're, you know, if you got a few seconds, I would like to have a lieutenant or something. You know, hopefully, if you have somebody on scene, a lieutenant, a sergeant to work to, but I like to push up the chain to the command level. Because I like to get their buy in because the last thing that I want personally, is if I if I'm the surgeon, I'm gonna push my way back into the backyard, and then my own brass doesn't have my back. Does that make sense? Is this helping? There you go, guys. So if you have an agency, you win, if you don't have agency, you lose. Okay, that's all I got for you. You want me to keep doing these? These help? Then of course, let me ask you my three things right. hit like or comment that tells you to I'm doing a good job. Hit subscribe, share with your friends. Friends until next time, my friends stay safe.
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