Street Cop Podcast

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Impounding Vehicles Sep 23, 2021

Show notes

In this archive episode, Dennis discusses impounding vehicles in New Jersey. Recorded on 01/09/2018. Here's the link to the AG's guide regarding this: http://www.nj.gov/oag/dcj/agguide/impound_guide_6804.pdf?fbclid=IwAR0weCjyfry6lugGLyerglChPLT8ZXZ3nILkQeVsO8-dI7VIIP-XKKUeDu4 (http://www.nj.gov/oag/dcj/agguide/impound_guide_6804.pdf)

Daughter Reports Father for DUI on 9-1-1 Sep 23, 2021

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In this archive episode, Dennis talks about case laws surrounding calling into 9-1-1 to report drunk driving. Recorded on 01/08/2018. State v. Amelio 2008 - HELD: Based on the report to dispatch by defendant s seventeen-year-old daughter, who identified herself, reported that her father was driving drunk, described the vehicle, and exposed herself to criminal prosecution if her report was knowingly false, there was reasonable and articulable suspicion of an offense to support a constitutional motor vehicle stop by the police. https://law.justia.com/cases/new-jersey/supreme-court/2008/a-92-07-doc.html?fbclid=IwAR081PmOk9VgUISn0Z99pr3B1YOhRnTL0S5j5z0Wc6HDilHn7jZaAoVSpOc (https://law.justia.com/.../supreme.../2008/a-92-07-doc.html) We also discuss random plate inquiries and consent of driver does not extend to other passengers belongings.

Being a Survivor V feat. Anthony Pyzik Sep 22, 2021

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In this thrilling and thoughtful episode, Dennis interviews Anthony Pyzik about his career-changing incident and moving forward. Recorded on 09/16/2021.

Anonymous Tip About Erratic Driving on 9-1-1 Line Sep 22, 2021

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In this archive episode, Dennis discusses case laws surrounding anonymous calls on a 9-1-1 line about erratic driving. Recorded on 01/07/2018. State of NJ v. Golotta 2003 - In this search-and-seizure case, a cell-phone user telephoned a 9-1-1 operator to report that a particular motor vehicle was being driven erratically on a public road. The question presented is whether that call and the information that it imparted provided a constitutional basis for the police to stop the identified vehicle. Given the significant risk of death or serious injury to the public and to the vehicle's driver implicated by such a call, and in view of the other factors discussed below, we hold that the answer to that question is yes. http://caselaw.findlaw.com/nj-supreme-court/1452816.html?fbclid=IwAR16d09iY0ME44HTKEsxTKsmqcE1UliF6IOnMXc0nX1d9B7yJCZHoDBkvww (http://caselaw.findlaw.com/nj-supreme-court/1452816.html)

Night Interdiction Tips Sep 22, 2021

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In this archive episode, Dennis shares some interdiction tips for the night shift and the mentality that follows. Recorded on 01/03/2018.

Types of Informants Sep 21, 2021

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In this archive episode, Dennis explains different types of informants and how to determine the veracity or reliability of said informants. Recorded on 01/03/2018. State of NJ v Sibilia 2000 - Here the clinic patient was “known” to Officer Fuentes in a meaningful way even though he did not have her name. The facts are more than sufficient to establish her as a citizen witness. As such the information she supplied had the indicia of reliability. Moreover, she not only provided information describing defendant, but she went outside with the officer and pointed him out. That information and identification, combined with the statements of the other two patients, the officer's prior knowledge of methadone sales in the area, defendant's location and apparent nervousness, all combined to provide probable cause to arrest defendant for the attempted purchase of a controlled, dangerous substance. Wildoner v. Borough of Ramsey, 162 N.J. 375, 389-391, 744 A.2d 1146 (2000); Sanducci v. City of Hoboken, 315 N.J.Super. 475, 480-481, 719 A.2d 160 (App.Div.1998). That probable cause justified the pat-down and subsequent arrest of defendant. The motion to suppress should have been denied. https://l.facebook.com/l.php?u=http%3A%2F%2Fcaselaw.findlaw.com%2Fnj-superior-court-appellate-division%2F1044652.html%3Ffbclid%3DIwAR15hs9m9_4E_cO42r7geIQHleHa2i9GH-wPwWg-RrkcJs-08onwNffYuEAandh=AT3-Ugqb8MMBotv9U3q4kQ5kKnIJVnnSfs6jQmpgw60GXkDSzoJhET3aNhv-NGwW4nw6qCG5kT4r9XT0kr-5Rgn6qwCXEmVoayKsAUbx0Y18j_NsyDFQVG6d3uQ7ca0uLgand__tn__=-UK-R (http://caselaw.findlaw.com/nj-superior-court.../1044652.html) State of NJ v Basil 2010 - Our courts have distinguished between an identifiable citizen, who is presumed to be reliable, and an anonymous informer whose reliability must be established. State v. Davis, 104 N.J. 490, 506 (1986). The distinction is “grounded in common experience” because we assume that an ordinary citizen “is motivated by factors that are consistent with law enforcement goals.” Ibid. The distinction is also grounded in common sense. “[W]hen a tip is made in-person, an officer can observe the informant's demeanor and determine whether the informant seems credible enough to justify immediate police action without further questioning.” United States v. Palos-Marquez, 591 F.3d 1272, 1275 (9th Cir.2010). Moreover, “an in-person informant risks losing anonymity and being held accountable for a false tip.” Ibid.; see also N.J.S.A. 2C:28-4(a) (“A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.”). We now apply those principles to the relevant facts to determine whether defendant's “seizure” ran afoul of the federal and state constitutions. http://caselaw.findlaw.com/nj-supreme-court/1532208.html?fbclid=IwAR3aXnXY0mW9aXY3h4-xezGd2IR5SxRFrhu0I-D32Ac9kybhJXPpVQOmKLQ (http://caselaw.findlaw.com/nj-supreme-court/1532208.html)

Investigative Detention Escalation Sep 21, 2021

Show notes

In this archive episode, Dennis delves into what situations call for escalating a mere field inquiry to an investigative detention. Recorded on 12/29/2017. State v Lurdes Rosario 2017 First and foremost, we must address whether and at what point defendant's interaction with the police officer escalated from a field inquiry into an investigative detention. Then we must assess whether reasonable and articulable suspicion supported the detention's restriction on defendant's freedom of movement. The encounter took place on a May evening when defendant was in her car, which was parked lawfully, head-on in a lined parking space directly outside her apartment. The car's engine was off. The officer positioned his patrol car perpendicularly behind defendant's to box in defendant's car and engaged his vehicle's rooftop, right-side “alley” light to shine at her car. The officer then exited his patrol car and approached the driver's-side door of defendant's car to address her. We conclude that no objectively reasonable person in those circumstances would have felt free to leave. Under the totality of the circumstances, a reasonable person would feel the constraints on her freedom of movement from having become the focus of law enforcement attention. Accordingly, we hold that an investigative detention had begun. Because we also conclude that reasonable and articulable suspicion did not ripen prior to the officer's subsequent exchanges with defendant, we reverse the judgment under review. State v Pearlstein 1985 - Failing to provide documents constitutes Obstructing the Admin of Law As a result, Lizzano crossed the street to the patrol car to obtain his summons book. Then he asked Ms. Perlstein for her license and registration which she refused to tender. She continued to spew a barrage of comments at Lizzano. Lizzano told her that if she did not show her license, registration and insurance card he would issue her three more summonses. She persisted in her refusal. Then she said that she was going to see the Chief of Police to see what he had to say about this incident. With the car door open, she picked up her keys from the seat, put them in the ignition, turned on the car and put it in reverse. Lizzano was standing in the open door and knew he could be hurt if the car moved so he reached in and grabbed the keys. Thereafter, he placed her under arrest.

Pre-Stop Indicators Sep 21, 2021

Show notes

In this archive episode, Dennis gives insight on how to read suspicious drivers through their actions. Recorded on 12/27/2017.

Being a Survivor IV feat. Josiah Overton Sep 20, 2021

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In this heartfelt episode, Dennis interviews Josiah Overton about a career defining incident and how survivorship is handled day by day. Recorded on 09/16/2021.

Understanding Case Law Sep 20, 2021

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In this archive episode, Dennis explains how to approach case law to understand relevant points. Recorded on 12/12/2017.

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