What is an Automatic Pat Down?

The following is a computer-generated transcription, some grammar and spelling errors may be inherent Hey guys, it's Anthony Bandiero Here, attorney, Senior Legal instructor at Blue to Gold. Okay, so been really busy. I'm going to be putting out more of these videos as as we go forward here. But I'm outside of Cleveland, Ohio delivering our advanced search and seizure classes. And hopefully you've attended one of our classes. If not, please sign up online. Also, we traveled the country. Today's question comes from an officer in New York. And he was reading my book, the search and seizure Survival Guide. And he said, Hey, you know, you mentioned an automatic pat down in your book, what is an automatic pat down, you know, and just kind of give you some more context, and he wanted more context to understand what I was talking about. First of all, I'm glad he reached out because I don't normally use the word automatic anything. When it comes to the Fourth Amendment. There really are no automatics. I mean, everything is based on something else, like a search incident to arrest. Okay, it's automatic, right? I mean, you get to search somebody's incident to arrest, but it's not automatic in the sense that you have to have a lawful arrest. If you don't have a lawful arrest, then the search would be invalid to be for the poisonous tree. But what I mean by automatic pat downs is that when you're dealing with violent people who are suspected of violence, and that crime is is suspected of being involved with a weapon, then pat them down. Right? That's an automatic pat down. So violence plus weapon I mean, this is when you think about it, it's like okay, Anthony, that makes that makes sense. Obviously, I'm going to pat down somebody who I believe is violent and also has a weapon. And the reason why I call it automatic is because it instantly satisfies Terry, right? Terry versus Ohio has two requirements you know for pat downs right? It says that the person is considered armed and dangerous. Well, if they're if you believe that they could have a weapon, there's the arm check and dangerous if you believe that they've committed violence against somebody else, and they have a valid temperament Right? Or some other factors that believe that they could engage in a violent act on you well, there's the dangerousness equals pat down. So when you serve out these guys, you're gonna you're gonna pat them down, you're still going to articulate it, you're not going to use the phrase you know, I then conducted an automatic pat down in your report Don't say stuff like that the court will push back on you and say look, you know, what do you mean by automatic right? Say that I conducted a pat down because the person was believed to be involved in a violent crime such as you know, sexual assault and the report to be abused the weapon I you know, ie a knife gun, you know, some kind of striking device, you know, and so forth. So, that's what I mean. Alright, so there you go. Keep the questions coming hopefully adds a little more context to my viewer in New York, or my reader in New York and also some other cops guys, keep these questions coming. Please hit the Like button. let YouTube know if you find these videos, valuable. Comment. Any comments are great, you know, feedback for me and for the rest of the viewers. And finally, stay safe out there and keep up the good work. Thank you.When it comes to law enforcement training, we are the gold standard, visit blue to gold.com or call 888-579-7796 to learn more about our training books and free webinars. Also, don't forget to like, subscribe and share this channel.