Best At Dig Frisk Podcasts (2024)

1
Police come to suspect's home at 4 am without a warrant and with intent to arrest. Knock & Talk? 19:49

3d ago19:49

19:49

Around 4:00 a.m. on April 23, 2013, three northern California law enforcement officers approached Defendant Eric Lundin's home without either an arrest warrant or a search warrant. They came onto his front porch and knocked on his door *1155 with the intent of arresting him. From the front porch where they were standing, the officers heard crashing…

1
Police Enter Curtilage, Peek into Window, Point a Firearm at Homeowner to "Simply Interview" Him 17:42

10d ago17:42

17:42

On March 8, 2008, Fuentes reported a domestic disturbance at his residence. The officers searched the residence and found a Nagant bolt-action rifle, ammunition, methamphetamine, a glass pipe with methamphetamine residue, and a metal pipe with marijuana residue. The officers believed the Nagant rifle was the same one that a third party had previous…

1
Former President Sentenced in Federal Court, ShotSpotter, Wikileaks, Mail Searches. 10:23

12d ago10:23

10:23

In New York, auditors discovered that the controversial gunshot-detection system ShotSpotter wasted officers’ time with false alerts, identifying gunshots correctly only 13% of the time. The city has spent more than $45 million on the technology, and must now decide whether to renew its contract. https://www.nytimes.com/2024/06/20/nyregion/nypd-sho…

1
Police Search Car Incident to Arrest for Driving on a Suspended License. Does SILA cover it? 13:10

17d ago13:10

13:10

Adrick Ruckes ("Ruckes") was convicted of being a felon in possession of a firearm and possessing cocaine base with the intent to distribute following a search of his automobile. He moved to suppress the evidence discovered during that search: a 9mm handgun and over six grams of crack cocaine. After an evidentiary hearing, Judge Franklin D. Burgess…

1
Police dig in the TRASH at 4 a.m. without a warrant. Trash bin - outside near apartment's CURTILAGE 12:43

24d ago12:43

12:43

The Fourth Amendment, of course, provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const. amend. IV. The Supreme Court has recently emphasized that this text “establishes a simple baseline”—namely, “[w]hen the Government obtai…

1
Can police stop and frisk a person after receiving an ANONYMOUS tip that he is carrying a gun? 11:10

1M ago11:10

11:10

After an anonymous caller reported to the Miami-Dade Police that a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun, officers went to the bus stop and saw three black males, one of whom, respondent J. L., was wearing a plaid shirt. Apart from the tip, the officers had no reason to suspect any of the th…

1
Police pulled over a vehicle because the neighbor said he played loud music earlier in the day. 14:39

1M ago14:39

14:39

Justin Wells Grigg appeals the district court's denial of his motion to suppress an unregistered automatic firearm that police officers discovered while conducting an investigative stop of Grigg pursuant to a citizen's complaint that Grigg had been playing his car stereo at an excessive volume earlier in the day. Most of the constitutional principl…

1
Police Keep the Family Out of Their Own HOME for 8 Hours Because Their Teenage Son Overdosed. 13:30

2M ago13:30

13:30

After Corban Elmore’s teenage son suffered a drug overdose at Elmore’s home, law-enforcement officers secured the scene and prohibited anyone from entering the house. The officers then continued to investigate and allowed almost eight hours to elapse before applying for a search warrant. Once they had a warrant in hand, the officers searched Elmore…

1
DOJ to reclassify cannabis to schedule III, drug priors trigger mandatory min., say sorry to a cop. 10:04

2M ago10:04

10:04

Justice Department Publishes Proposed Rule to Reclassify Cannabis, Begins Accepting Public Comments The Department of Justice (“DOJ”) proposes to transfer marijuana from schedule I of the Controlled Substances Act (“CSA”) to schedule III of the CSA. If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and posses…

1
Police enter a home WITHOUT consent for welfare check, find woman unharmed, ILLEGALLY search anyway. 11:25

2M ago11:25

11:25

During the evening hours of January 5, 2019, officers were dispatched to Dane Arredondo's ("Dane") house on a neighbor's report of a woman screaming and crying inside the residence. When the officers arrived, they entered the home without consent to check on the woman. They found her downstairs, extremely intoxicated but apparently unharmed. While …

1
May 13-17, 2024 Recap: Felon in Possession Unconstitutional, Right to Protest, and Cryptocurrency. 14:20

2M ago14:20

14:20

Ninth Circuit Holds Felon-in-Possession Unconstitutional as to Non-Violent Offenders After Bruen May 9th 2024, in United States v. Duarte, No. 22-50048 (9th Cir. May 9, 2024), a split panel of the United States Court of Appeals for the Ninth Circuit held that under New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), § 922(g)(1) violate…

1
Why did police search the entire car, if I only let them look at my luggage? Limitations on consent! 10:32

2M ago10:32

10:32

The Fourth Amendment proscribes unreasonable searches and seizures, but it permits a warrantless search to which the suspect consents. “When conducting a warrantless search of a vehicle based on consent, officers have no more authority to search than it appears was given by the consent.” Thus, it is “important to take account of any express or impl…

1
Police took the man's phone and ANSWERED an incoming call IMPERSONATING the person being arrested. 12:12

2M ago12:12

12:12

When Andres Lopez–Cruz (“Lopez”) gave a border patrol agent permission to “look in” or “search” the two cell phones he had with him, the agent did not ask him whether he would also consent to the agent's answering any incoming calls. Nonetheless, when one of the phones rang while the agent was conducting his search, he answered it, passing himself …

1
ATF Agents LIED to the resident that someone planted a bomb to gain CONSENT to search. 12:48

2M ago12:48

12:48

Agent Brenneman told Mr. Harrison they were there because, "our office received an anonymous phone call there were drugs and bombs at this apartment," and he asked if Mr. Harrison "would mind if we look around the apartment." Id. at 19. The government concedes the ATF had no reason to believe there were bombs in the apartment, but Agent Brenneman t…

1
When cops can't find house number 3171, they execute the warrant at 3170. Seems legit, right? 11:39

3M ago11:39

11:39

Officer Harold Cheirs and his partner, Officer Robinson, tried to serve an arrest warrant on Phyllis Brown at 3171 Hendricks Avenue in Memphis, Tennessee. When they got to Hendricks Avenue, they could not find a house with a 3171 address. They eventually found two houses on opposite sides of the street with a 3170 address, at which point, you might…

1
Police Helicopter Lit Up the Suspect's House Like a Christmas Tree. Forcing to exit = illegal arrest 15:20

3M ago15:20

15:20

Nora next contends that, even if the officers had probable cause to arrest him, they arrested him in violation of Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). The Court held in Payton that the Fourth Amendment forbids arresting a suspect inside his home unless the police first obtain an arrest warrant or an exception to …

1
Police aimed his gun at her nose, told her to freeze, and detained: ARREST and NOT a "Terry Stop." 13:46

3M ago13:46

13:46

Robertson: Robertson encounters a fundamental obstacle: standing. A defendant must show standing even if the government has not pressed the issue in the district court. United States v. Nadler,698 F.2d 995, 998 (9th Cir. 1983). Fourth Amendment rights are personal rights which may not be vicariously asserted. Rakas v. Illinois,439 U.S. 128, 133-34,…

1
NO PROBABLE CAUSE to ARREST, just being close to the wrong people at the wrong time. 10:49

3M ago10:49

10:49

The district court found inexplicable discrepancies between, on the one hand, the events as depicted in an audio recording and reports of agents nearly contemporaneous with the arrest and, on the other hand, later statements, reports and testimony of the agents. Accordingly, the district court discredited the later statements, reports and testimony…

1
Conclusory statements and general claims of expertise by police do not establish probable cause 18:21

4M ago18:21

18:21

Warrantless searches by law enforcement officers “are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.” Katz v. United States,389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). Under the automobile exception to the Fourth Amendment's warrant requirement, “[t]he police…

1
NOT a crime for citizen to refuse entry to his home to police who do not have an appropriate warrant 14:17

4M ago14:17

14:17

The Supreme Court has held that police need no warrant to arrest a felony suspect on probable cause in a public place; United States v. Watson, 1976, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598; United States v. Santana, 1976, 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300. In Coolidge the Court stated in dicta that "the notion that the warrantless entr…

1
I was just a passenger in the car with secret compartments filled with pounds of drugs. Am I Guilty? 16:12

4M ago16:12

16:12

This appeal stemmed from two individuals' cross-country car trip. Inside the car were secret compartments containing bundles of methamphetamine. But to the casual observer, the car looked like any other car. The driver apparently knew about the secret compartments of methamphetamine, but did the passenger? It's possible, but there was no evidence t…

1
Teenager detained by police was a de facto arrest! Without probable cause the arrest became illegal! 13:37

4M ago13:37

13:37

The Supreme Court itself has recognized that distinguishing a Terry investigative stop from a de facto arrest "may in some instances create difficult line-drawing problems." United States v. Sharpe,470 U.S. 675, 685, 105 S.Ct. 1568, 1575, 84 L.Ed.2d 605 (1985). As noted by the Court in the seminal case of Terry v. Ohio,392 U.S. 1, 30, 88 S.Ct. 1868…

1
No way of knowing that drugs found in a trash came from defendant's residence. Invalid Warrant. 14:07

5M ago14:07

14:07

The Constitution's Fourth Amendment provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const. amend. IV. A "state search warrant being challenged in a federal court must be judged by federal constitutio…

1
Police had no reasonable suspicion to detain for 45 minutes on belief that power washer was stolen 15:40

5M ago15:40

15:40

The Fourth Amendment's protections extend to brief investigatory stops that fall short of a traditional arrest. Ramirez v. City of Buena Park, 560 F.3d 1012, 1020 (9th Cir. 2009) (citing United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002)). Courts must determine, based on the totality of the circumstances, whether a po…

1
A seizure occurs when police prevents a person from leaving by keeping his driver's license 9:15

5M ago9:15

9:15

In sum, under the most recent cases a seizure occurs only if: (1) a reasonable person would feel, under all the circumstances, he could not disregard the police inquiries and go about his business; (2) the restraints imposed upon him result from the police conduct itself rather than the happenstance of where the encounter occurred; and (3) the pers…

1
Police block a person's car in a narrow parking lot. Was this a seizure under 4th Amendment? 13:56

5M ago13:56

13:56

A Fourth Amendment seizure occurs "when physical force is used to restrain movement or when a person submits to an officer’s ‘show of authority.’ " United States v. Brodie , 742 F.3d 1058, 1061 (D.C. Cir. 2014) (quoting California v. Hodari D. , 499 U.S. 621, 626, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991) ). A show of authority sufficient to constitut…

1
Police holding on to your driver's license can constitute an illegal seizure under the 4th Amendment 12:15

6M ago12:15

12:15

For purposes of the Fourth Amendment, a seizure occurs when a law enforcement officer, by means of physical force or show of authority, in some way restrains the liberty of a citizen. Florida v. Bostick, 501 U.S. 429, 434 (1991). A police officer has restrained the liberty of the citizen if, "taking into account all of the circumstances surrounding…

1
Awakened at 3am, handcuffed, led shoeless and dressed only in his underwear to the police station. 11:03

6M ago11:03

11:03

Kaupp was arrested within the meaning of the Fourth Amendment before the detectives began to question him. A seizure of the person within the meaning of the Fourth and Fourteenth Amendments occurs when, "taking into account all of the circumstances surrounding the encounter, the police conduct would 'have communicated to a reasonable person that he…

1
Police block a one-lane driveway and not let the person leave the house. Illegal seizure of a person. 8:20

6M ago8:20

8:20

On Sunday December 15, 1985 at 3:30 p.m., Deputy Sheriff Hedrick was on routine patrol in a rural neighborhood. Deputy Hedrick observed Kerr by a car parked near a barn located on a residential property. The car's trunk was open, exposing cardboard boxes. Because he knew of several recent residential burglaries in the area, Deputy Hedrick made a U-…

1
Police "secured" the home & didn't let husband back inside after suspicious death of his wife 16:53

6M ago16:53

16:53

Following the unexpected death of Defendant Walt Shrum’s common law wife at the couple’s home around 5:30 a.m. on March 11, 2015, police officers in Kingman, Kansas "secured" the home, prohibiting Defendant access. Approximately three hours later and without access to his home, Defendant signed a consent to search form permitting an investigator fr…

1
Last Video and Top 5 cases of 2023! Happy New Year! Buy Do Not Arrest T-Shirt at LAWSTACHE.com/MERCH 13:08

7M ago13:08

13:08

1. Know Your Rights: Can Cops Inquire About Probation/Parole in Routine Traffic Stops? Driver Pat-Downs https://youtu.be/98LFwrhsMHE 2. Is it Legal for Police to Enter an Attached Garage Without a Warrant to Arrest a Drug Trafficker? We can conceive of no reason to distinguish a garage, where people spend time, work, and store their possessions, fr…

1
Did police illegally seize a luggage bag when they removed it from cargo area of the bus? 11:13

7M ago11:13

11:13

The Supreme Court held in United States v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984), that a Fourth Amendment "`seizure' of property occurs when there is some meaningful interference with an individual's possessory interests in that property." Id. at 113, 104 S.Ct. 1652. In Va Lerie, this court, en banc, applied Jacobsen in the c…

1
Can police search and take garbage left for collection outside your home WITHOUT A WARRANT? 8:41

8M ago8:41

8:41

Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search his home, they searched the garbage bags Greenwood had left at the curb for pickup. The police uncovered evidence of drug use, which was then used to obtain a warrant to search the house. That search t…

1
Police inserted a key into car's door to see if the car belonged to Dixon and then searched it. 16:49

8M ago16:49

16:49

The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. But individuals "subject to a warrantless, suspicionless search condition have ‘severely diminished expectations of privacy by virtue of their status alone.’ " Unite…

1
Can police remove a car cover off a vehicle without a warrant to inspect for a VIN number? 10:16

8M ago10:16

10:16

The Government obtained the civil forfeiture of a 1986 Dodge Ram Charger and $277,000 in U.S. currency found in this vehicle, pursuant to 21 U.S.C. § 881 (1988). Claimant Montes appeals on the ground that evidence discovered in the search of the Dodge Ram Charger should have been suppressed because it was obtained in violation of his Fourth Amendme…

1
Can police search a bag you left behind in someone's apartment? Jail and prison calls are recorded! 11:12

8M ago11:12

11:12

"The Fourth Amendment is a vital safeguard of the right of the citizen to be free from unreasonable governmental intrusions into any area in which he has a reasonable expectation of privacy." Winston v. Lee, 470 U.S. 753, 767, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985) (citations omitted). As the parties agree, Monghur, at least initially, held a reason…

1
Can CBP Search A Passenger Cabin Aboard a Cruise Ship Without Suspicion of Criminal Activity? 12:32

9M ago12:32

12:32

The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. Whether a search is reasonable will depend upon its nature and all of the circumstances surrounding it, United States v. Montoya de Hernandez, 473 U.S. 531, 537, 105…

1
Can Police Search a Tent Illegally Placed on Bureau of Land Management (BLM) Land Without a Warrant? 8:24

9M ago8:24

8:24

Sandoval's expectation of privacy was also objectively reasonable. In LaDuke v. Nelson, 762 F.2d 1318, 1326 n. 11, 1332 n. 19 (9th Cir. 1985), we held that a person can have an objectively reasonable expectation of privacy in a tent on private property. In Gooch, 6 F.3d at 677, we extended that holding to find a reasonable expectation of privacy in…

1
Know Your Rights: Can Police Search a Tent Located on a Public Campground? Can They Arrest Occupant? 11:36

9M ago11:36

11:36

Gooch must have had both a subjective and an objectively reasonable expectation of privacy in the tent. Katz v. United States, 389 U.S. 347, 361, 88 S.Ct. 507, 516, 19 L.Ed.2d 576 (1967). SEARCH: We have already established that a person can have an objectively reasonable expectation of privacy in a tent on private property. LaDuke v. Nelson,762 F.…

1
Is it Legal for Police to Enter an Attached Garage Without a Warrant to Arrest a Drug Trafficker? 11:04

9M ago11:04

11:04

Nowhere is the protective force of the fourth amendment more powerful than it is when the sanctity of the home is involved. The sanctity of a person's home, perhaps our last real retreat in this technological age, lies at the very core of the rights which animate the amendment. Therefore, we have been adamant in our demand that absent exigent circu…

1
Airport Worker Searches Luggage in Hopes of Getting a Monetary $$$ Reward From the DEA. 15:26

9M ago15:26

15:26

The United States appealed from orders of the United States District Court for the Western District of Washington, Donald S. Voorhees, J., granting defendants' suppression motions. The Court of Appeals, J. Blaine Anderson, Circuit Judge, held that action of airline employee in opening a “Speed Pak” was that of a government agent where only reason h…

1
Messy Vehicle Interior Doesn't Justify Extended Police Traffic Stop and K9 Search. 16:19

10M ago16:19

16:19

Mr. Luis Alfonso Leon was stopped by law enforcement after he was observed illegally driving in a passing lane. During the traffic stop, the officer began to suspect Mr. Leon was trafficking drugs. A search of his vehicle uncovered seventy-six pounds of methamphetamine, and Mr. Leon was charged with one count of possessing methamphetamine with inte…

1
Can Police Prolong a Traffic Stop to Pat Down and Frisk a Driver Because He Wears a Fanny Pack? 12:58

10M ago12:58

12:58

The panel affirmed the district court’s denial of a motion to suppress evidence discovered following a traffic stop, and remanded for the district court to conform the written judgment to its oral pronouncement of sentence, in a case in which Xzavione Taylor entered a conditional guilty plea to being a felon in possession of a firearm. The panel he…

1
Extended Roadside Questioning: Don't Let Police Use "Just One More Thing" Line of Questioning. 7:05

10M ago7:05

7:05

Most drivers do not know that they have a right to deny consent,and troopers are more than happy to exploit their lack of knowledge of their legal rights. Even though the law requires that consent be knowing, intelligent and voluntary, troopers don’t generally let such niceties stand in their way. For drivers who are not initially forthcoming with …

1
Outrageous: Wearing a Fanny Pack Over Your Shoulder Could Land You in a Police Search!?! 13:43

10M ago13:43

13:43

At approximately 1:00 a.m. on October 14, 2020, officers from the New York City Police Department (NYPD) encountered Defendant Michael Hagood near a housing complex managed by the New York City Housing Authority (NYCHA) in the Bronx. Mr. Hagood was notably wearing a fanny pack slung across his chest while standing beside a double-parked vehicle. Th…

1
Can evidence obtained during a search of my girlfriend's place without a warrant be excluded? 17:46

11M ago17:46

17:46

In Steagald v. United States, 451 U.S. 204 (1981), the Supreme Court held that, in the absence of valid consent or exigent circumstances, warrantless searches are per se unreasonable and violate the Fourth Amendment. Id. at 211, 101 S.Ct. 1642. Here, the only warrant the police possessed at the time they entered Cruz's home was an old warrant for M…

1
Police were able to search the passenger compartment of the vehicle, but could NOT search the trunk! 13:05

11M ago13:05

13:05

"[W]hen an officer has probable cause to believe evidence of a crime will be found specifically in the passenger compartment of a vehicle, and no other subsequent discovery or information provides further probable cause to believe the evidence will be found in the trunk, an officer’s search of the trunk exceeds the permissible scope of a warrantles…

1
What's going on with the number 5000? 10:13

11M ago10:13

10:13

· Five thousand is the largest isogrammic numeral in the English language. · It has been estimated that there were around forty million people worldwide by 5000 BC · CULTURE 5000 – THE WORLDS LONGEST PAINTING o 201.5 meters long o And it has a bunch of fish drawn o 5,339 to be precise. · Things that weight 5000 pounds o Average White Rhinos o Whale…

1
Did police abandon the 4th Amendment, when searching abandoned vehicle at the bank parking lot? 14:26

11M ago14:26

14:26

Alexander Hillel Treisman appeals the district court's denial of his motion to suppress evidence that police discovered while searching his van without a warrant. But warrantless searches of vehicles carried out as part of law enforcement's community caretaking functions do not violate the Fourth Amendment if they are reasonable under the circumsta…

1
What began as a lawful traffic stop violated 4th Amendment's shield against unreasonable seizures 20:12

12M ago20:12

20:12

What began as a lawful traffic stop violated the Fourth Amendment’s shield against unreasonable seizures when the officers detoured from the traffic stop’s mission by conducting the dog sniff and inquiring into matters unrelated to the traffic violation and these detours prolonged the stop “‘beyond the time reasonably required to complete the missi…

Podcasts Worth a Listen

At Dig Frisk Podcasts

Podcasts Worth a Listen

Quick Reference Guide