Would You Enter? The Legal Mistake That Could Cost You

Good Morning! It’s February 24, 2025.

 Let’s kick off the week with a scenario! 

This situation has a lot of moving parts—but it’s one that the average patrol officer could realistically face.

1.  You and your team arrive at a residence to serve an arrest warrant.

2. The suspect isn’t home.

3.  While speaking with someone at the door, an officer spots multiple stolen computers from a recent burglary sitting in the living room.

4.  You’re standing outside. The arrest warrant alone doesn’t give you legal entry.

Find the explanation for the answer and the relevant caselaw in our legal section 

Roll Call: Get in the Room

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🗓️ Inside This Issue: What You Need to Know

• Last Week in Policing: Key Takeaways (Feb 17–23, 2025)

• Legal Update: See evidence from outside a residence. What next?

• Supervisor Corner: Command & Control—Lessons from a real case

 📚 Weekly Law Enforcement Recap
(February 17th - 23rd, 2025)

👮‍♂️ Weekly line of duty deaths: 4 | Yearly Line of Duty Death Total: 12

In the News 🗞

🚔 Alabama Police Department Faces Indictments & Possible Shutdown – Several officers from the Hanceville Police Department have been indicted by a grand jury, leading to discussions about abolishing the department entirely. Read
More

🔫 Gunman Killed After Opening Fire in Pennsylvania Hospital – A shooter opened fire inside a hospital in York, Pennsylvania, before being shot and killed by police. Authorities are investigating the motive behind the attack. Read More

📋 Alabama Bill Requires Agencies to Report Officer Numbers – A new bill moving through the Alabama legislature would require law enforcement agencies to report the number of officers they employ, improving public safety oversight. Read More

🎓 Bill Aims to Help Law Enforcement Families with College Costs – A proposed bill would provide financial assistance to help dependents of law enforcement officers afford higher education. Read More

📉 Mississippi Crime Data Reporting Falls Short – Most Mississippi police agencies failed to submit crime data in 2024, raising concerns about public safety transparency and federal funding eligibility. Read More

🏛 Legal Update
Arrest Warrants & The Plain View Doctrine: What Cops Need to Know

Scenario Answer: The correct answer is C:

✅ C) Remain outside, secure the perimeter, and apply for a search warrant before entering.

Let’s break it down ⬇️

1.) Can You Enter the Home?

❌ NO—An arrest warrant alone doesn’t grant entry to a third party’s home.

1.  Payton v. New York (1980) → You can enter IF it’s the suspect’s home and you have reason to believe they are inside.

2. Steagald v. U.S. (1981) → If it’s not their home, you need either

3.  Consent from a resident (Illinois v. Rodriguez, 1990)

4. Exigent circumstances (e.g., immediate danger, evidence destruction) (Minnesota v. Olson, 1990)

2.) What About Stolen Property in Plain View?

If you're lawfully inside, you can seize evidence under the plain view doctrine

You must:

• Be lawfully present (Horton v. California, 1990)

• Immediately recognize the item as evidence (Arizona v. Hicks, 1987)

• Have lawful access to it (Texas v. Brown, 1983)

⚠️ If you’re outside and see stolen goods through a window, you CANNOT seize them! Get a search warrant first.

3.) Next Steps: What Should Officers Do?

If Already Inside (Lawfully):

• Seize the stolen property ✅

• Arrest suspects if probable cause exists 🔗

• Conduct a protective sweep for threats (Maryland v. Buie, 1990)

If Outside & No Entry Authority:

• Secure the area & prevent tampering

• Document observations (serial numbers, descriptions)

• Get a search warrant before entering

• Only enter if the evidence is being destroyed (Kentucky v. King, 2011)
  

🗳 Supervisor Corner: Command & Control
What happens when a supervisor fails to control a situation?

In this case, an internal affairs investigation was conducted, and the supervisor was reprimanded.

Watch the video for yourself and decide.

Ask Yourself:
Was the supervisor Proactive or Reactive in dealing with this situation?

The Incident

Place: Los Angeles, CA (LAPD Responding Agency)
Call: Violation of Restraining Order (TPO); Suspect refuses to leave
Relevant Information: 
- The victim stated that the suspect is “crazy” and has a diagnosis of schizophrenia.
- The suspect stated to the victim that she could call the police because "he refuses to go back to jail”
- The victim tells officers that she assumes he may use a kitchen knife.
Responding Officers:
- At least 4 officers on the scene plus 1 sergeant.
- Officers have access to a Taser, OC Spray, and 40cal rubber bullet for de-escalation purposes.

What is Command & Control Policy?
- It is essentially a lack of supervisor oversight especially during critical de-escalation incidents.

Supervisors have a duty to:

• Formulate a plan

• Tactical Decision Making

• Controlling Communication between officers

The PATROL acronym is a structured approach used in law enforcement operations and field supervision to ensure officers effectively manage situations, resources, and responses.

It serves as a decision-making framework for patrol supervisors, field commanders, and officers handling dynamic incidents

PATROL Framework:

P - Planning

• Consider the objectives before acting.

• Identify potential risks, threats, and contingencies.

• Establish a game plan for responding to the incident (e.g., perimeter setup, backup requests, engagement strategies).

A - Assessment

• Evaluate the situation in real-time—what’s happening now?

• Analyze threats, suspect actions, officer positioning, and environmental factors.

• Adapt based on the available intelligence (e.g., suspect’s weapons, barricaded subject, hostage involvement).

T - Time

• Recognize whether time is an asset or liability.

• In critical incidents, controlling time (slowing down or speeding up the response) can dictate the outcome.

• Example: In an active shooter, immediate action may be required. In negotiations, time can be used to de-escalate.

R - Redeployment

• Adjust officer positioning to maintain tactical advantage.

• Move units as needed for better coverage, containment, or pursuit.

• Example: Redirecting traffic units to cover escape routes in a pursuit.

O - Other Resources

• Consider additional support:

  • SWAT / K9 / Air Support

  • EMS / Fire / Crisis Negotiators

  • Mutual aid from neighboring agencies

• Efficient use of resources enhances safety and effectiveness.

L - Line of Communication

• Maintain clear and effective communication with officers, dispatch, and command staff.

• Ensure updates are relayed in a way that avoids confusion.

• Example: In a foot pursuit, ensuring all officers have real-time location updates prevents crossfire risks or loss of suspect.

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