ATF At Your Door? NEVER Do This Or You'll Regret It...

Summary

In this video, former state criminal prosecutor Tom Grieve discusses the three most common ways law enforcement can legally enter your home, emphasizing the importance of understanding your rights. He covers consent, plain sight doctrine, and probable cause, including exigent circumstances. Grieve also advises viewers on how to protect their rights and warns that police are legally allowed to lie to gain access.

Takeaways

• 📜 The Fourth Amendment and the exclusionary rule are crucial for understanding the rights of citizens when law enforcement is involved in a search.
• 🚨 Law enforcement can often gain entry into homes through three common methods: consent, plain sight, and probable cause.
• 🏠 Consent is the most common way law enforcement enters a home, and it's important to understand that once they cross the threshold, the rules change.
• 👮‍♂️ Officers are trained to ask for consent casually, and citizens should be cautious about giving it, especially if they do not live alone.
• 🌿 The plain sight doctrine allows law enforcement to act on items they can see without a warrant, including through windows or in vehicles.
• 🔍 Probable cause can be established with a warrant or under exigent circumstances, which include imminent danger, suspect escape, or evidence destruction.
• 📜 Warrants must be specific in their scope, and even if later deemed illegal, resisting them can be a crime.
• 🚨 Exigent circumstances can justify warrantless entry, but these are determined by the facts known to the officials at the time.
• 🗣️ Law enforcement is allowed to lie to citizens to gain entry or elicit confessions, which is considered good police work.
• 👥 It's important to educate those you live with about their rights and the tactics law enforcement may use to gain entry.
• 📱 Be cautious with social media posts, as they can be used against individuals in court.

Q & A

What are the three most common ways law enforcement can enter your home according to the video?

The three most common ways are: 1) Consent, where the homeowner allows law enforcement to enter their home. 2) Plain Sight, where law enforcement sees something in plain view that may be illegal. 3) Probable Cause, which can be established either through a warrant or exigent circumstances.

What is the significance of the exclusionary rule in the context of law enforcement searches?

The exclusionary rule is a legal doctrine that states any evidence obtained illegally by law enforcement in violation of the Fourth Amendment can be suppressed and excluded from a trial. This rule is crucial in protecting individual rights and ensuring law enforcement follows proper procedures.

Why is it important for homeowners to be aware of the threshold of their home when law enforcement is involved?

The threshold of a home is significant because once law enforcement crosses it, the Fourth Amendment protections are at their peak. Law enforcement needs consent or a warrant to enter, and crossing the threshold without permission can lead to a violation of the homeowner's rights.

What is the Plain Sight doctrine and how does it apply to law enforcement searches?

The Plain Sight doctrine allows law enforcement officers to seize items they can see without a warrant if they are in plain view. This can apply to both automobile searches and home searches, where officers can see something illegal through a window or in a vehicle.

What are exigent circumstances and how do they relate to law enforcement entering a home?

Exigent circumstances are situations that require swift action to prevent imminent danger to life, serious damage to property, or the imminent escape of a suspect or destruction of evidence. Law enforcement can enter a home without a warrant under these circumstances.

What is the role of a warrant in law enforcement searches?

A warrant is a legal document issued by a judge that authorizes law enforcement to search a specific location at a certain time for certain items. It is a crucial part of the probable cause process and ensures that searches are conducted legally and within a defined scope.

Why is it important for homeowners to educate themselves and their housemates about their rights during law enforcement encounters?

Educating oneself and housemates about rights is crucial because law enforcement can use various tactics to gain entry or gather evidence. Being aware of these tactics and one's rights can help prevent unintentional consent or violation of privacy.

What advice does the video give regarding social media and its potential impact on legal cases?

The video advises viewers to be cautious about what they post on social media, as posts, pictures, and comments can be used as evidence against them in court. It emphasizes the importance of not posting anything that could be damaging to one's legal case.

What is the legal reality about police lying to suspects or homeowners during investigations?

The video states that law enforcement is legally allowed to lie to suspects or homeowners in certain situations to gain information or consent. This is considered part of 'good police work' and highlights the importance of individuals knowing their rights.

What is the final bonus strategy mentioned in the video for dealing with law enforcement?

The final bonus strategy is to be aware that police are trained to use words and tactics to manipulate situations. Knowing this can help individuals maintain their rights and not inadvertently give up their legal protections.

Outlines

00:00

🏚️ Understanding Your Rights with Law Enforcement

This paragraph introduces the topic of individual rights during encounters with law enforcement, focusing on the Fourth Amendment and the exclusionary rule. The speaker, Tom Grieve, a former state criminal prosecutor and criminal defense attorney, outlines the purpose of the video to educate viewers on common tactics used by law enforcement to bypass the Fourth Amendment and enter homes. He emphasizes the importance of being aware of these tactics and understanding the legal concept of the 'fruit of the poisonous tree' doctrine, which can lead to the suppression of evidence obtained illegally. The paragraph sets the stage for a discussion on consent, plain sight, and probable cause as methods law enforcement might use to enter a home.

05:01

🚔 Common Law Enforcement Tactics for Home Entry

In this paragraph, Tom Grieve discusses the three most common tactics used by law enforcement to enter a home: consent, plain sight, and probable cause. He explains that consent is often the easiest way for law enforcement to gain entry, warning viewers to be cautious about verbal or non-verbal cues that might inadvertently grant permission. The plain sight doctrine is described as allowing law enforcement to act if they see illegal items in view, whether through a car window or a house window. Probable cause is introduced as another method for law enforcement to enter a home, either through a warrant or exigent circumstances, which are situations requiring swift action to prevent danger or destruction of evidence. Grieve advises viewers to educate themselves and others about these tactics to protect their rights.

10:02

📜 The Reality of Warrants and Exigent Circumstances

This paragraph delves deeper into the specifics of warrants and exigent circumstances as means for law enforcement to enter a home. Warrants are explained as legal documents that allow for a search within a defined scope and time, and Grieve advises viewers to not obstruct a warrant even if they believe it to be illegal, as doing so could be criminal. He also covers exigent circumstances, which include imminent danger to life, a suspect's escape, or the imminent destruction of evidence. Grieve emphasizes the importance of understanding these legal concepts and warns against the potential for law enforcement to use lies and manipulation as part of their investigative tactics.

🗣️ The Importance of Knowing Your Rights

In the final paragraph, the speaker stresses the importance of knowing one's rights when interacting with law enforcement. He highlights the fact that police are legally allowed to lie to individuals to gain entry to their homes or to elicit self-incriminating statements. Grieve encourages viewers to educate themselves and those they live with about these rights to avoid inadvertently waiving them. He also advises against posting potentially incriminating content on social media, as it can be used against individuals in court. The paragraph concludes with a reminder to be cautious and informed about legal rights and law enforcement practices.

Keywords

💡Law Enforcement

Law enforcement refers to the agencies and individuals responsible for maintaining law and order within a community. In the video, it includes entities like Sheriffs, local police departments (PD), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The script discusses how these entities can interact with citizens and the rights citizens have during such interactions.

💡Fourth Amendment

The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. It is central to the video's theme as it outlines the rights of individuals against intrusion by law enforcement. The script emphasizes the importance of this amendment in protecting citizens' privacy and the consequences when law enforcement violates it.

💡Exclusionary Rule

The exclusionary rule is a legal principle that excludes evidence obtained in violation of a defendant's constitutional rights from being used in a court of law. The video explains that if law enforcement violates the Fourth Amendment, any evidence obtained as a result can be suppressed, illustrating the rule's role in upholding individual rights.

💡Consent

Consent in the context of the video refers to the voluntary agreement by a person to allow law enforcement to enter their property. The script discusses how law enforcement often seeks consent to enter homes, which can be verbal or non-verbal, and the importance of citizens understanding their right to refuse consent.

💡Plain Sight

Plain sight doctrine allows law enforcement to seize items that are in plain view, without a warrant. The video uses the example of marijuana crumbs in a car to illustrate how this doctrine can be applied, emphasizing the need for citizens to be aware of what is visible to officers.

💡Probable Cause

Probable cause is a legal standard used to determine if there is enough evidence to support a search warrant or an arrest. The video explains that probable cause can be established through a warrant or exigent circumstances, which are situations requiring immediate action.

💡Warrant

A warrant is a legal document issued by a court that authorizes law enforcement to conduct a search or make an arrest. The video discusses how a warrant can be presented by officers to gain entry into a home and the importance of citizens understanding their rights when a warrant is served.

💡Exigent Circumstances

Exigent circumstances are urgent situations that allow law enforcement to enter a property without a warrant. The video provides examples such as imminent danger to life, the escape of a suspect, or the destruction of evidence, highlighting how these situations can justify a warrantless entry.

💡Castle Doctrine

The castle doctrine is a legal principle that a person's home is their castle, and they have a right to defend it. The video mentions this doctrine in relation to the Fourth Amendment, emphasizing the heightened protection of a person's home against intrusion.

💡Police Lies

The video states that police are legally allowed to lie to citizens in certain circumstances to gain consent or elicit information. This is a critical point in the video, highlighting the need for citizens to be aware of their rights and the tactics used by law enforcement.

Highlights

Introduction to the three common ways law enforcement can bypass the Fourth Amendment to enter a home.

Explanation of the exclusionary rule and its importance in upholding the Fourth Amendment.

The concept of 'consent' as the primary method law enforcement uses to enter a home.

The legal significance of the threshold of a home and how it affects Fourth Amendment rights.

The training of law enforcement in obtaining consent and the importance of being cautious with it.

The impact of living with others on the consent process and the potential for misunderstandings.

Introduction to the 'Plain Sight' doctrine and its application in searches.

The risk of having illegal items in plain view and the consequences for homeowners.

How the 'Plain Sight' doctrine can extend to what officers can see through windows.

Discussion on 'probable cause' and its two operational methods: warrant basis and exigent circumstances.

The process of law enforcement obtaining a warrant and the scope of searches it allows.

The legal implications of resisting or obstructing a warrant and the importance of understanding one's rights.

Definition and examples of exigent circumstances that allow law enforcement entry without a warrant.

The role of social media in legal cases and the importance of being cautious with online content.

The reality that police are legally allowed to lie to individuals to obtain information or consent.

Advice on educating oneself and others about rights and the tactics used by law enforcement.

The importance of not consenting to searches or seizures beyond the scope of a warrant.

Encouragement for viewers to engage with the content and provide feedback for channel growth.

Transcripts

so law enforcement whether it's Sheriff

local PD or the ATF is knocking on your

door and you want to know what your

rights are hopefully this is not the

time when you're watching this video

hopefully you're watching this video in

advance but I want to cover the three

most common ways that law enforcement

will be able to basically pierce the

Fourth Amendment and get into your home

that I see real live in court my name is

Tom grieve I'm a former state criminal

prosecutor criminal defense attorney

guys

let's get into it

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so I'm going to give you the three most

common tactics that I see work day in

day out for law enforcement to basically

get through things yeah I realize not

all these are exactly tactics but

they're just the most common ways and

I'm gonna give you a bonus feature at

the very end of this video it's

something that everybody needs to know

if they're envisioning it they could

possibly have some sort of conversation

like this with law enforcement but first

I just want to touch on two words

exclusionary rule these two words are

why this matters this is basically the

whole Doctrine oftentimes called the

fruit of a poisonous tree if you really

want to get technical and law that says

look the Constitution the Fourth

Amendment it matters if law enforcement

violates the Constitution if they

violate the Fourth Amendment and if your

defense attorney throws a flag and the

judge agrees that evidence that they

obtained subsequent to their illegal

search that could all be suppressed

excluded thrown out of the case against

you and while yes I understand that this

can lead to some particularly

distasteful outcomes I.E local drug

dealers and hoodlums going free because

the evidence got thrown out of course

the Counterpoint is well do you want to

do it with individual rights because

that hasn't really worked out too well

in the 20th century in the course of

history before that it's in essence the

price we pay the piper in order to live

in a society where individual rights are

protected that out of the way because I

know if I don't cover that someone's me

commenting on it someone probably will

comment on it regardless let's get to

the three most common things number one

by far consent this is the number one

most common thing I see law enforcement

shows up at someone's door and yeah oh

yeah come on in oh it's raining it's hot

it's cold whatever the case may be yeah

go ahead come on in and guys there's

something very important I want you to

imagine that when you open and close

your door that threshold from the

doorway thresholds by the way the legal

term on that that's like a force field

once law enforcement crosses that force

field it's going to be a different game

because now they're inside your home so

the Fourth Amendment and of course your

Castle is your home your home is your

Castle that is at your peak in your home

but once law enforcement's inside

because you've consented that's going to

change the game substantially so the

name of the game for law enforcement is

to cross the threshold and get in the

name of the game for you the concerned

citizen watching this video if you do

want to exercise your rights is to make

sure that they cannot cross that

threshold keep in mind consent can be

verbal such as yeah officer come inside

it could be non-verbal as far as I'm

going to hold open the door and gesture

for them to come inside or something

like that too okay and officers are very

very trained they're very very good

usually as far as being able to just

casually ask hey you know can we just

come inside it's cold it's hot whatever

the case may be as I mentioned so you

have to be careful about those things

another very common thing you have to be

careful about by the way is if you do

not live alone if you live with a spouse

a partner friend roommate whatever the

case may be I cannot tell you how many

times I've seen cases where hey the

officers knock on the door mom wife

husband someone who doesn't know what

what's going on or just don't know their

rights they think oh yeah I have to let

them in because they're wearing a badge

not true unless they've cut a warrant

we're going to get to that so you have

to be very careful about those sorts of

things the second most common thing I

see and this is particularly applicable

to automobile searches but it can and

often does extend to the house something

called Plain Sight Plain Sight

doctrine's pretty straightforward I want

you to imagine that you're out in your

car and you live in a state where

marijuana is illegal and there's a

little bit of marijuana crumbs Shake

whatever it is you want to call it

that's on your dashboard or is in the

back seat or something like that and if

you just can't fathom people might have

cannabis then imagine whatever it is

that's illegal and it's laying out the

officer just walks by they're allowed to

look in and they see it in plain sight

game on that's what happens next

likewise if officers are walking down

the street okay or they're approaching

your house and they see something

through the window in plain sight that

may Case by case basis that may allow

them to get inside the home so you'll

always have to be cautious about what

you have in plain sight and keep in mind

Plain Sight can also not be your eyes it

can also be your nose depending upon

what kind of substances or things we

could be talking about here the third

thing that we need to get to is the

thing that I know that you're all

wondering about and by the way again

don't forget about the fourth thing

we're going to slide in here at the very

end and that's probable cause there's

two ways that probable cause works and

no we're not going to make this a law

Treatise on exactly what's the probable

cause how is that different than

Reasonable Suspicion if you want that

let me know in the common field probable

cause you can work on a warrant basis or

an exigent circumstances basis Warren's

probably what you've seen in the movies

in other words yeah the cops show up

they present you some sort of document

it's a warrant it allows them to search

at a certain time for certain things

within a certain scope so maybe it's you

can search a particular room the garage

maybe it's everything maybe it's

extraordinarily limited they're only

allowed to search a particular safe

again those details ought to be on that

cover sheet that they give you but

sometimes I see people ask about that

they do not give you right there and

then at the scene is the affidavit in

support of that warrant in other words

the okay how did you get this

information why is this allowed maybe

you do get that maybe you don't that

will vary from state to state Case by

case but you will eventually be entitled

to that but I want to make something

very clear to you even if the warrant is

subsequently thrown out for being

illegal in court if you resist or

obstruct that warrant it may be a crime

so the safest advice again subject to

state by state so check your local

listings but the safest advice that

virtually any attorney can give you is

look if you're being served with a

warrant raise your rights make it clear

that you're not going to obstruct the

warrant but you're not consenting to any

searches or seizures or anything of the

sort because this will allow your

attorney to subsequently challenge

things in court because I have seen

prosecutors argue during a warrant

search after the fact in court yeah

there's a warrant here but then they

totally consented to the search of the

whole place or whatever particular room

if it was outside the scope of the

warrant whatever the case may be so just

because there's a warrant in place

doesn't mean that you have to consent if

officers do not get a warrant they may

still be allowed in through the Fourth

Amendment into your home into your

dwelling if there's exigent

circumstances oxygen circumstances have

been defined by a court as when an

emergency situation requiring Swift

action to prevent imminent danger to

life or serious damage to property or to

forestall the imminent Escape of a

suspect or destruction evidence there's

no ready litmus test for determining

whether such circumstances exist and in

each case the extraordinary situation

must be measured by the facts known by

the officials and quote okay in English

we're basically talking about three

things when we're talking about oxygen

circumstances a situation where people

are in imminent danger so Grandpa's

collapsing of a heart attack and the

officer can see them through the window

they can break down the front door to

get in help okay so that could be one

situation or they see Grandpa being

attacked by someone that could be

another situation right so you could

have a medical event you could have a

physical Force encounter number two a

suspect's Escape is imminent kind of

speaks for itself or here's the big one

number three evidence faces imminent

destruction so we all know of course the

class example of drugs being flushed

down because we've all seen those movies

but what about situations where I don't

know let's say pistol braces could be

getting detached because the ATF has

said that pistol brace only turns a

pistol into a rifle when it's attached

so there could be situations like that

here and no before you get angry at me

I'm not giving them ideas trust me

they're aware of all these ideas that

are already out there but you can see

how these oxygen circumstances can

almost write themselves under certain

situations what can you do about this

now well first off talk to the people

who you live with to educate them and

make sure they are aware of the law and

make sure that they know about the usual

traps and they know about the usual ways

that officers use to get in stop posting

pictures memes and aggressive comments

that will come back to haunt you on

social media and the internet yeah I get

it you have a First Amendment right no

one's taking that away I'm simply

reminding you that it is not an

intrusion on your first amendment right

when you hear these things read back

against you in court down the line as

exhibits in your case it happens to

people every single day so unless you

want to risk winning the legal Darwin

Award be careful about what you post out

there and I'm not suggesting it's always

fair but I am telling you that that's

life so before I get to the extra bonus

strategy that frankly everybody needs to

know if you're not already done so

please consider clicking like on this

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create so it's an active direct way for

you to engage in the growth of this

Channel and help us out as well here's

the last big thing and what I'm about to

say is not a political statement is it a

legal statement of reality police are

allowed to lie to you under the law Yes

you heard me right and I realize that

that may shock and offend some of your

sensibilities there are limits to be

clear as far as what lines law

enforcements have to color within

they're not allowed to lie about

everything they are in every state that

I'm familiar with allowed to lie to you

about a lot of things you may even say

the vast majority of things and if

officers are allowed to lie to you to

get permission to enter your home or to

get you to confess or to say something

that can later be used against you in

court there's a word for that or term

for that it's called good police work so

again this is where you have to know

your rights because it's very easy for

law enforcement when they're engaging

with folks who are frankly not used to

dealing with police on this kind of

grounds to get them to tell them

everything that they need to know

because they may not understand the fact

that cops are allowed to and are highly

schooled and trained on how to play

these word and mind games with folks so

you need to know that and you need to

make sure the people in your life who

you live with know that as well so again

guys I hope you got something out of

this video we will see in the next one

thanks for sticking around to the end of

the video If you enjoyed this one please

feel free to check out some of our other

great content and we'll see in the next

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