Every search or seizure requires "C.R.E.W."

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How're you doing, Law enforcement officers? It's Anthony Bandiero here with Blue to Gold law enforcement training. And today, I'm gonna teach you C.R.E.W.

C.R.E.W is an acronym that I teach my students during the advanced search and seizure class to keep in mind whenever they are searching or seizing a protected area, true stands for consent, or a recognized exception or a warrant. And the point here is whenever you are searching; you're seizing the protected areas under the Fourth Amendment, which are persons, houses, places, you know, places, papers and effects and so forth. You need crew, you need either consent by a person who has actual or apparent authority over that item or place, or you need to recognize exception. So the motor vehicle exception to the search warrant requirement, you need exigent circumstances. So for example, imminent destruction of evidence to before entering a house to secure evidence, community caretaking and so forth. So you're you need to recognize exception. If you don't have consent or a recognized exception. There's only one thing left, and you need a search warrant. And that's why I want you to keep this in mind. So whenever you're searching or seizing in a protected area, ask yourself Do I have crew? Do I have consent from a person to if I don't have consent? Do I have a recognized exception, which is most searches or seizures are going to occur with a recognized exception. If you don't have if you can't think of a recognized exception, then you're going to need a warm. This kind of give me give you an example. Real quick to how crew plays out. So you're in a home investigating a domestic violence while your partner is talking to the victim. For example, you're looking around, and you see a meth pipe on the kitchen table. Now, is that a search under the Fourth Amendment? No, because you're lawfully present, and you're allowed to use your natural senses to look around if you're lawfully present. So that is not a search under the Fourth Amendment. Therefore you don't need crew. But now you go over to the kitchen table, and you seize that meth pipe. Do you now need crew? Yes, because once you seize the item that implicates the Fourth Amendment, so do you have consent? No, not in this case? Do you have a recognized exception? The answer is yes. It's the plain view seizure doctrine. So you're allowed if you're lawfully present, you may seize evidence that is readily apparent to be contraband or evidence. And of course, under these circumstances, you don't need a warm, so that's how you use crew. I hope it helps and if you have any other questions for me, please email me at info at Blue to gold calm. If you want to read, I believe the best search and seizure book written for cops. It's a search and seizure Survival Guide. It's available on Amazon or on my website Bluetogold.com.

Until next time, be safe