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. ๐—ช๐—ต๐—ฎ๐˜ ๐˜†๐—ผ๐˜‚'๐—น๐—น ๐—น๐—ฒ๐—ฎ๐—ฟ๐—ป: ๐Ÿ“Œ 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 ๐Ÿ“Œ 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 ๐Ÿ“Œ 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 ๐—–๐—ฎ๐˜€๐—ฒ ๐—น๐—ฎ๐˜„ ๐—ฐ๐—ผ๐˜ƒ๐—ฒ๐—ฟ๐—ฒ๐—ฑ: ๐Ÿ“Œ 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 ๐Ÿ“Œ 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. ๐Ÿšจ https://www.bluetogold.com/show https://bluetogold.com/trainings/?att... If you like this video, donโ€™t forget to like and subscribe to our channel for more legal updates! -- Blue to Gold Training: โžœ Class Schedules - https://www.bluetogold.com/trainings โžœ On-demand Training - https://university.bluetogold.com/ โžœ Free Legal Training Webinar - https://bluetogold.com/trainings/?att... โžœ Book Store and Training Materials - https://www.bluetogold.com/store CONNECT WITH US: ๐ŸŒ Facebook - ย ย /ย bluetogoldย ย  ๐Ÿ“ธ Instagram - ย ย /ย bluetogoldย ย  ๐ŸŽฅ TikTok - https://www.tiktok.com/bluetogoldtrai... ๐Ÿ’Œ LinkedIn - ย ย /ย blue.ย ย . #LawEnforcementTraining #PoliceTraining #LegalEducation #bluetogold #searchandseizure #fourthamendment #caselawforcops #caselaw

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