EP#1039 Can Officers Use Database Records to Justify Detaining an Armed Prohibited Person?
An officer asked: A motorcycle rider has a visible pistol grip protruding from his chest pouch. The officer runs the tag, queries government databases, and finds ATF records showing the rider is a prohibited person due to a 2017 felony assault conviction. The officer then approaches under a littering pretext, secures the firearm, and confirms the prohibition via NCIC. Was any of this a Fourth Amendment problem? This is a special episode recorded live in Littleton, Colorado during Blue to Gold's Certified Search and Seizure Instructor (CSSI) program โ the only certification in the nation that trains officers to become subject matter experts in search and seizure. Anthony Bandiero puts one of the graduating student-instructors on the spot, having them answer real officer questions as a practical test of their expertise. ๐ช๐ต๐ฎ๐ ๐๐ผ๐'๐น๐น ๐น๐ฒ๐ฎ๐ฟ๐ป: ๐ Why running a license plate and querying government databases raises no Fourth Amendment concerns โ there is no privacy interest in a license plate, and officers can act on the information returned ๐ Why Kansas v. Glover supports the reasonable inference that the registered owner is the driver โ and how cross-referencing DMV photo records in real time strengthens that identification to meet reasonable suspicion ๐ Why ATF records establish reasonable suspicion for a Terry detention and firearm seizure, while NCIC confirmation is what pushes the case to probable cause for arrest โ and why the littering pretext was a tactically smart and legally clean approach ๐๐ฎ๐๐ฒ ๐น๐ฎ๐ ๐ฐ๐ผ๐๐ฒ๐ฟ๐ฒ๐ฑ: ๐ Kansas v. Glover, 589 U.S. 376 (2020) โ officers may reasonably infer the registered owner of a vehicle is the driver absent information to the contrary, supporting reasonable suspicion for an investigative stop ๐ Terry v. Ohio, 392 U.S. 1 (1968) โ officers may conduct a brief investigative detention and pat-down based on reasonable suspicion of criminal activity Have a search and seizure question in mind? Submit them for instructors to answer or join the next Search & Seizure show and get your questions answered LIVE ON AIR. ๐จ https://www.bluetogold.com/show https://bluetogold.com/trainings/?att... If you like this video, donโt forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: โ Class Schedules - https://www.bluetogold.com/trainings โ On-demand Training - https://university.bluetogold.com/ โ Free Legal Training Webinar - https://bluetogold.com/trainings/?att... โ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: ๐ Facebook - ย ย /ย bluetogoldย ย ๐ธ Instagram - ย ย /ย bluetogoldย ย ๐ฅ TikTok - https://www.tiktok.com/bluetogoldtrai... ๐ LinkedIn - ย ย /ย blue.ย ย . #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw

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