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Hey guys, it's Anthony Bandiero here with blue to gold law enforcement training. And I'm in Scotch Plains, New Jersey delivering a fantastic advanced search and seizure class to some great officers. And I want to give you take this opportunity, give you some advice. Okay? The advice is this. When it comes to pat downs, it's armed or dangerous, not armed and dangerous. And here's what I mean. In the seminal case of Terry versus Ohio, the US Supreme Court talked about, you know, Officer Martin McFadden with the Cleveland Police Department, you know, patrolling Euclid Avenue for something like 38 years on the job and most of them as a plainclothes officer. And he sees Terry and his friends going back and forth in front of stores and things that they're up to something about to commit an armed robbery. And he Pat's him down and finds two, revolvers Ontarian in a cohort. And the Supreme Court said that if the officer can articulate that the person is armed and dangerous, they can do the pat down will certainly McFadden had reasonable suspicion that Terry and his friends were on dangerous because there but the hold up the store. But I wish they didn't use that phrase. That phrase comes from Old Hollywood, you know, be on the lookout for a suspect who is considered armed and dangerous. But what they should have said, and it would have given a lot more guidance to hard working police officers out there that want to go home at night, is it's not armed and dangerous. It's armed or dangerous. We got to get out of our mind is armed and dangerous. Because here's what happens. Officers are sometimes not patting down people, because they consider them dangerous. But they have no articulation that they're also armed. That is not what courts look for. They routinely look for armed, are they armed? Do they have the bolts consistent with the weapon? Are they favoring one side, you know, on their waist area? You know, are they walking in with a certain gate? That seems like they have a concealed carry and so forth? Are they visibly armed, you can certainly disarm people during a lawful detention or probable cause traffic stop for your safety, even if they're lawfully carrying, if you believe that this would help your safety that is, that is easy for the courts. I mean, a person with a gun can instantly become dangerous. Those are the easy cases. But officers can also pat down people who are dangerous, even if I'm not sure that they have a weapon. So who are dangerous people? What clearly a unknown a gang member, a documented gay member or a self identified gay member is dangerous. I know I'd be paying that person down. What about size differential, you have a smaller statue officer going out and detaining a large person who is a bodybuilder and so forth, we want to level the playing field. And one way we can do that is by patting that person down to make sure that if something goes south, it's not just their mass that we have to deal with. It's also they don't have a weapon to because we're already at a disadvantage, you know, with us with the extreme size differential. What about somebody who was, you know, just committed violence against their spouse? Clearly, a lot of people are dangerous. Now, I'm not saying you can routinely just always pat down somebody suspected of a battery depends on the crime and their attitude and so forth. But that's what you're going for here. articulate why they are dangerous. They have disrespectful law enforcement, meaning they don't care about your authority, and they're, you know, they're pushing back on your authority. The first of movements, for example, upon seeing police officers, they act like they're hiding something that is what a furtive movement is, they are sovereign citizen, sovereign citizens are known to be very dangerous, a law enforcement officer because they do not respect, you know, your authority and your ability to your powers under the Constitution and so forth. They see you as illegitimate, etc. But I hope this helps I want cops when they think about pat downs, to not think armed and dangerous I want them to think armed or dangerous and I pounded on the center console right now because it's so important. If the person is dangerous,
then they can probably you know patted down for your safety, because that's just one extra thing to remove from the equation is a weapon on knife, a blunt object and so forth. I hope this helps. I'm trying to move the ball forward with these things. If you like what I'm doing here, please hit subscribe, please hit the like button, let me know give me some that's how I get feedback from these things. Because just let you know what I do is I usually hop in the car during lunch, you know, during my classes, and I make these videos and so forth. So, you know, I'm taking time away from other things I can be doing, and I want you guys to get value out of it. So give me that feedback. And until next time, stay safe.
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