thank you yes more cops and surveillance cameras it's sort of like a tornado in a trailer park or a moth to the flame this is some footage submitted by a subscriber it's august 19 2022 imagine a woman is at home in a quiet neighborhood in Bay County Florida unbeknownst to her someone's airpods went missing for some reason and I've been seeing a lot of this lately the cops believe that they have located them in her home that's probably because a stranger shows up first claiming that these missing earpods were pinging from inside the house the woman doesn't answer the door well because he's a stranger a little while later the cops show up with no warrant and do what creepy cops do which is search without a warrant they go into the woman's backyard one stands outside the bedroom window of her 15 year old son like some sort of law enforcement peeping Tom I think we've established that Florida has way too many cops they apparently have nothing better to do maybe the airpods belong to the Sheriff's cousin or something I don't know all of which you are about to see consisted of a warrantless airpod recovery Mission government waste issues aside Can the police just go through the gate to your backyard your fenced off backyard can they just Snoop around your backyard and spy on your son in his bedroom or just be weird like that watch the footage first and then I'll give you the law Sarah was working from home and saw the man as he approached she was alarmed and so she didn't answer the door instead she kept an eye on him with our security cameras I was at my office at the time she sent me the videos and I told her to keep the doors locked and let me know if he comes back four hours later things really got strange two deputies entered our closed gate and snuck into our backyard foreign to her son's window and posted up while her son was in his room playing video games meanwhile law enforcement lined our street and eight officers responded to this call about stolen airpods a deputy knocked on the front door and was joined by two others when Sarah answered she feared the worst she thought that they were there to deliver bad news she asked them who died she thought maybe the guy came to my office and killed me they asked her to step outside and begin asking about the stolen airpods somebody somebody show up here early to ask me to get in here no but I have a video of somebody banging on my door watch all of my videos this side homie the other two deputies were in our backyard for about eight minutes finally they rented the house across the street there was apparently no warrant here but the cops didn't go inside the home does that matter for the too long won't watch types I'll save you some time and let you get back to your funny animal videos cops need a warrant even in your backyard with only a couple of limited exceptions none of which appear applicable here you're free to go for the rest of you let me explain according to the 1984 U.S Supreme Court opinion in Oliver versus United States the heightened Fourth Amendment protections of your home extend beyond just the interior of your home itself into What's called the cartilage of the home which is the land immediately surrounding and associated with your home because according to the Supreme Court the curtilage is considered part of the home itself for Fourth Amendment purposes now in 2013 the Supreme Court opinion of Florida vs jardines the Court held in a search undoubtedly occurs when the government without a warrant obtains information by physically intruding within the cartilage of a house which in that case involved a home's front porch and a drug dog the court cautioned that a search occurs unless a homeowner has explicitly or implicitly sanctioned the government's physical intrusion into the constitutionally protected area I.E the yard and or front porch of the home under the quote knock and talk exception to the warrant requirement a police officer not armed with a warrant may approach a home and knock and seek to talk with the individual precisely because that is no more than any other private citizen might do so this means that there is an implicit license supposedly to approach supposedly to approach the home by the the front path knock promptly wait briefly to be received and then absent in invitation to linger longer leave an officer may also bypass the front door or another entry point usually used by visitors when circumstances reasonably indicate that the officer might find the homeowner Elsewhere on the property critically however listen to this the right to knock and talk does not entail a right to conduct a general investigation of the home's curling the 11th circuit which applies to Florida specifically where we are here has warned police officers look at the case of U.S versus Maxi from 2018 that their right to just go up to a citizen's front door and knock and talk does not include inviting armed men into the homeowner's yard to quote launch a raid or even to quote conduct a search so the only possible justification for this Behavior would be circumstances of Hot Pursuit under the Hot Pursuit Doctrine police officers may enter a premises without a warrant when they are in Hot Pursuit of a fleeing suspect what is that a Hot Pursuit means some sort of Chase the Supreme Court has indicated that a claim of Hot Pursuit is unconvincing where there's no immediate or continuous pursuit of an individual from the scene of a crime you can look at United States versus Fuller 11th circuit 2014. that clearly does not appear to be the case here even assuming airpods actually went missing and even assuming someone actually claims that they ping to this location or even even assuming that they did in fact ping to this location that doesn't change the legal analysis here at all so when it comes to a home which includes the cartilage around the home a warrant is required period or consent or exigent circumstances those are the only exceptions now exigent circumstances includes the subcategory of quote Hot Pursuit so hot pursuit in turn requires probable cause that some crime was committed and that an individual they pursued into the house may have committed that crime I see no indication of any pursuit or chase whatsoever here certainly not one that is also immediate and continuous all the way from some crime scene all they have so far is justification goes is their General right to knock and talk cops have been abusing knock and talks for years on and knock and talk they are merely authorized to act just like a little girl selling Girl Scout cookies could do as I explained in a previous video about this uh this law knocking talks police have an implied license just like anyone else to come out and just knock on your door and talk to you again just like Girl Scouts but you have to understand this you can revoke that implied license by asking them to leave or even by putting up no trespassing signs or some sort of no cops allowed sign they're not going to inform you that you don't have to talk to them they're not going to inform you that you can ask them to leave but you can but they're they're not going to tell you because they they want you to think that you have no choice but to interact with them and answer their questions know your rights tell them to leave and to go pound sand if that's what you want something I learned in my years of criminal defense practice generally speaking the cops want to talk to you because they have no evidence against you they're required by law to have evidence in order to get a search warrant or an arrest warrant and they need you to provide that evidence for them anytime that you're you're tempted to provide this evidence for them just think of a Taxidermy fish on the wall mounted with a plaque that reads if I had only kept my mouth shut as always thanks for watching make sure you subscribe if constitutional rights are important to you or if you're a cop you can also subscribe let me know in the comments your reaction to this footage you can learn more at the blog at the Civil Rights lawyer.com post it in the link please also make sure to subscribe there and also at my other social media sites remember freedom is scary deal with it I'll see you next time