Street Cop Podcast

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Post DWI Arrest Vehicle Search Aug 30, 2021

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In this archive episode, Dennis explains case laws around post DWI arrest vehicle searches. Recorded on 07/28/2017. The wording in Witt and Alston and touching on searching post DWI... State V. Irelan 2005 This case ruled officers have the right to search a motor vehicle for open containers after an arrest for DWI. (1) the police may lawfully affect a custodial arrest of a motorist when there is probable cause of a DWI violation; (2) incident to the arrest, the police may search the person of the arrestee; and (3) a contemporaneous warrantless search of the vehicle is permissible We hold that these facts are sufficient to support a reasonable well-grounded suspicion that alcohol was consumed in the vehicle, and thus the vehicle contained open containers of alcohol. Therefore, the probable cause prong of the automobile exception is met. http://caselaw.findlaw.com/nj-superior-court-appellate-division/1053523.html?fbclid=IwAR1Wobi-Feo2rlkqto96XloXCkcmXv7b_StBufigGMh7D10cl2fhqTHppns (http://caselaw.findlaw.com/nj-superior-court.../1053523.html) This will be allowed for CDS-related DWI’s as well. http://caselaw.findlaw.com/nj-superior-court-appellate-division/1053523.html?fbclid=IwAR0B3eAbqwBoUT-lk7vVI-YDoOL5wiovktieomzRYTRDE_IJ5v_0NlXiH3Q (http://caselaw.findlaw.com/nj-superior-court.../1053523.html) Significantly, we also made clear in Alston, supra, that merely because “the particular occupants of the vehicle may have been removed from the car, arrested, or otherwise restricted in their freedom of movement,” police were not required to secure a warrant. 88 N.J. at 234. http://caselaw.findlaw.com/nj-supreme-court/1713839.html?fbclid=IwAR0BAfHimAZjS-dRixHCQ916OwmUzbXXexeun81tw-ViWgHkHNYMWOnRk64 (http://caselaw.findlaw.com/nj-supreme-court/1713839.html)

Search of Homes - Consent / PC / Exigency Aug 30, 2021

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In this archive episode, Dennis explains searching homes and case laws surrounding this. Recorded on 07/26/2017. Denise Brown v. State of NJ Explained As of November 20, 2008, the precedent was not sufficiently clear to support a conclusion that Detective Steet violated clearly established law when he entered Brown’s home to secure it. And although police department policies do not hold compelling weight in a qualified immunity analysis, Detective Steet’s reliance on State Police training and policy is informative when determining the reasonableness of his conduct. Detective Steet is entitled to qualified immunity as to Brown’s NJCRA claim because regardless of whether his conduct amounts to a violation of a constitutional right, that right was not clearly established at the time that he acted. (pp. 28-35) 7. The Court adds guidance going forward. In a case of true exigency and probable cause, the police can enter a dwelling. However, police-created exigency designed to subvert the warrant requirement has long been rejected as a basis to justify a warrantless entry into a home. Further, invocation of a person’s right to refuse an officer’s request for a consent search is not probative of wrongdoing and cannot be the justification for the warrantless entry into a home. In the future, law enforcement officials may not rely on McArthur to enter an apartment to secure it while awaiting a search warrant. Although McArthur does not explicitly permit or forbid entry into a home, under those circumstances, this ruling makes clear that officers may not do so. They must get a warrant and, if reasonably necessary, may secure the apartment for a reasonable period of time from the outside. (pp. 35-37) The judgment of the Appellate Division is REVERSED, and the trial court’s dismissal of this action against Detective Steet is REINSTATED. JUSTICE ALBIN, DISSENTING, notes that in the wake of McArthur, courts understood, as they always have, that the securing of a home—awaiting a warrant application—cannot be justified absent exigent circumstances. According to Justice Albin, Brown had a clearly established right to remain secure in her home, pending the arrival of a warrant, given the absence of any true exigent circumstances to justify a seizure of her apartment. Detective Steet, therefore, is not entitled to the protection of qualified immunity, in Justice Albin’s view. https://law.justia.com/cases/new-jersey/appellate-division-published/2015/a4796-12.html

Searching Trunks for Weapons and Charging Occupants with Drug Offenses Aug 27, 2021

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In this older episode, Dennis answers questions on what else to search for inside vehicle trunks as well as charging occupants with drug offenses. Recorded on 07/25/2017. Related Links: Maryland v. Pringle 2003 - https://en.wikipedia.org/wiki/Maryland_v._Pringle?fbclid=IwAR2YcdnnhR0XOi-Md0_xv8ov1wz0s4I3xShG2r8kEjOt-pqimsk0bfSpcuA State of NJ v. Patino (1980) - https://law.justia.com/cases/new-jersey/supreme-court/1981/88-n-j-211-0.html “The discovery of a small amount of marijuana in the passenger compartment gave rise only to an inference that the occupants were casual users, and this furnished no cause to search the trunk where large “Dealer Sized” quantities of drugs would presumably be stored. “In the absence of other circumstances that suggest participation in drug trafficking or possession of more contraband” such a search could not expand beyond the persons of the occupants or the passenger compartment of the car.” Ask for Consent or Call a K9 Unit for a sniff. State V. Letman (1989) Trooper pulls over vehicle and spots plastic bag protruding from under the floor mat containing a 4.6 ounce chunk of a white powdery substance later testing positive for cocaine (Plain View) Both are arrested, read miranda, and agreed to speak, co-defendants lips were quivering when asked about the bag in the trunk and responded that he did not know what the contents were. (364 Plastic Vials used for packaging found) Court said – “These are the very types of circumstances that the Patino court referred to, as providing probable cause to search the entire vehicle including the trunk and the interior of the paper bags in the trunk. Allows an officer, after discovery of contraband, to question a defendant after having read them their Miranda rights. State v. Letman :: 1989 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: U.S. Law :: Justia

Reasonable Suspicion Aug 27, 2021

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In this essential classic, Dennis explains what Reasonable Suspicion and Reasonable Articulable Suspicion is. Related Links: STATE v. CARTY - https://caselaw.findlaw.com/nj-supreme-court/1151928.html?fbclid=IwAR1nkfWKHP_bJFAJ-eEPeNAvGNktgCPf-wFQtkRiiuNGlKCj_xOMKC5z_Bs Consent searches following a lawful stop of a motor vehicle should not be deemed valid unless there is reasonable and articulable suspicion to believe that a motorist or passenger has engaged in, or is about to engage in criminal activity.

Reasonable Length of Investigation in a Motor Vehicle Stop Aug 27, 2021

Show notes

In this older episode, Dennis answers a call about the reasonable length of an investigation in a Motor Vehicle Stop after the subject denies consent. Recorded on 07/22/2017. Related Links: US v. Sharpe - https://caselaw.findlaw.com/us-supreme-court/470/675.html?fbclid=IwAR32RuG207VxPD2HTSd_1iqA01X7PRPQcD9eTljznYcadxnNMzxDwZZVoSc 20 Minute or Longer detentions do not constitute a violation of the 4th Amendment! The court will look at whether or not the police diligently pursued their investigation, and whether the detention lasts no longer than is necessary to effectuate the purpose of the stop. The Court refused to adopt a time limit. State v. Colapinto 1998 - https://caselaw.findlaw.com/nj-superior-court-appellate-division/1193151.html?fbclid=IwAR1jHgHLlG7JFn5rqVahvVHSneCa4n_NIyb26rD9SD-62ch0kal0IMm_Ib4 State of NJ v. Patino (1980) – “The discovery of a small amount of marijuana in the passenger compartment gave rise only to an inference that the occupants were casual users, and this furnished no cause to search the trunk where large “Dealer Sized” quantities of drugs would presumably be stored. “In the absence of other circumstances that suggest participation in drug trafficking or possession of more contraband” such a search could not expand beyond the persons of the occupants or the passenger compartment of the car.” Ask for Consent or Call a K9 Unit for a sniff. State V. Letman (1989) - Trooper pulls over vehicle and spots plastic bag protruding from under the floor mat containing a 4.6 ounce chunk of a white powdery substance later testing positive for cocaine (Plain View) Both are arrested, read miranda, and agreed to speak, co-defendants lips were quivering when asked about the bag in the trunk and responded that he did not know what the contents were. (364 Plastic Vials used for packaging found) Court said – “These are the very types of circumstances that the Patino court referred to, as providing probable cause to search the entire vehicle including the trunk and the interior of the paper bags in the trunk. Allows an officer, after discovery of contraband, to question a defendant after having read them their Miranda rights.

Search Bags BEFORE Transport Aug 26, 2021

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In this classic episode, Dennis explains the importance of searching bags before transporting the subject. Recorded on 07/21/2017. Related Links: State V. Oyenusi 2006 – If you have an arrest with bags or items that may contain contraband you must search them contemporaneously with the arrest so close in time and location that they may be considered “connected units of an integrated incident and part of one single transaction.” Must not be remote in time or place. Once the property is not immediately associated with the person under arrest a search of the property cannot be done as incident to arrest (you will need consent or a warrant). Handcuffs first are OK. https://caselaw.findlaw.com/nj-superior-court-appellate-division/1380703.html?fbclid=IwAR1Ct1JjDQYqrWXFBAYCW-8xM5bsR09bKg-E77e4-KF7jC6Yi-3XVIhzYkI (https://caselaw.findlaw.com/nj-superior-court-appellate-division/1380703.html?fbclid=IwAR1Ct1JjDQYqrWXFBAYCW-8xM5bsR09bKg-E77e4-KF7jC6Yi-3XVIhzYkI) State v. Bradley - https://www.leagle.com/decision/1996792291njsuper5011756 (https://www.leagle.com/decision/1996792291njsuper5011756) State v Mahoney 1988 - This is the case that ruled that station house inventory searches are illegal. It is also noted that defendant did not consent to the inventory search nor was he given the opportunity of making other arrangements for the safekeeping of his suitcase and briefcase. https://law.justia.com/cases/new-jersey/appellate-division-published/1988/226-n-j-super-617-0.html (https://law.justia.com/cases/new-jersey/appellate-division-published/1988/226-n-j-super-617-0.html) State v.Mangold - The Court concluded that "[a]bsent consent or alternative security provisions, an inventory may not be undertaken." Mangold, 82 N.J. at 587. https://www.leagle.com/decision/198065782nj5751384 (https://www.leagle.com/decision/198065782nj5751384) State v. Padilla (1999) - It is improper to search and inventory the personal property of an arrestee without first affording the arrestee the opportunity to consent to the search or the opportunity to make other arrangements for the disposition of personal property. https://caselaw.findlaw.com/nj-superior-court-appellate-division/1348854.html?fbclid=IwAR3dNvqoMHUlIYqEQlnD5U4f6AJKcsqs8475pYcYwMnKMFKPo4uOuegtQxQ (https://caselaw.findlaw.com/nj-superior-court-appellate-division/1348854.html?fbclid=IwAR3dNvqoMHUlIYqEQlnD5U4f6AJKcsqs8475pYcYwMnKMFKPo4uOuegtQxQ)

Asking Passenger for ID Aug 26, 2021

Show notes

In this older episode, Dennis explains that while you may not demand ID without RAS, you may certainly ask for ID as a mere field inquiry. Recorded on 07/20/2017. Related Links: STATE v. SIRIANNI - https://caselaw.findlaw.com/nj-superior-court-appellate-division/1152195.html?fbclid=IwAR3sYynqK8uFopThvZkfRvO2aWF755Yx6woWHzZ_ADuIxr2WSeuYoYukegY HORNBERGER v. AMERICAN BROADCASTING COMPANIES INC ABC - https://caselaw.findlaw.com/nj-superior-court-appellate-division/1247222.html?fbclid=IwAR0oRs4IA67csIrL4utBSBukHMTb1N7QKVlViaY5_dEODfa-uizwO9orNt0 STATE v. SLOAN - https://caselaw.findlaw.com/nj-supreme-court/1146795.html?fbclid=IwAR21FIhqj3N9eYDxcQI4QM8glwNxdAPAxvZ-XmSSHU7oRzDAOc-p0rqI1bk

Stopping Out of State Vehicles Aug 26, 2021

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In this classic episode, Dennis explains stopping out of State Vehicles for maintenance violations/hindering/constructive possession. Recorded on 07/18/2021. Related Links: Pringle v. Maryland (2003) - https://caselaw.findlaw.com/us-supreme-court/540/366.html?fbclid=IwAR30xkaMVmLNYvh2EKp97uPHVRkC4gtKTyKDV0m9LXeThftgBc0ImQZMEYo Ybarrav v. Illinois (1979) - https://supreme.justia.com/cases/federal/us/444/85/

Law Enforcement Trauma feat. Nick Wilson with Jenna Romano Aug 25, 2021

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In this banger, Jenna Romano helms the Podcast Ship and discusses Law Enforcement Trauma with Nick Wilson. Recorded on 08/19/2021. To listen to more #NoBSMentalFitness episodes with Jenna, subscribe to her free email or get in touch click the link: https://linktr.ee/jennarosecoaching *Please know that emails and social media are not monitored 24/7 and therefore should not be used for crisis contact. Here are some resources: Psychologytoday.com to search for therapists 1-800-COPLINE for peer support National suicide prevention lifeline 1800 273 8255 DISCLAIMER: The content in this podcast is not to be considered medical advise for any reason and nothing on it is intended to provide or act as a substitute for mental health treatment or medical treatment. We do not know your history or personal situation and cannot advise you or provide you with clinical recommendations without a consultation - This content is for general education.

Searching Vehicles for Vehicle Documents Aug 25, 2021

Show notes

In this older episode, Dennis explains that searching vehicles for vehicle documents are limited to registration only. Recorded on 07/17/2017. Relevant Links: State of NJ v Holmgren - https://www.leagle.com/decision/1995494282njsuper2121480 State v. Boykins - https://law.justia.com/cases/new-jersey/supreme-court/1967/50-n-j-73-0.html State of NJ v Keaton 2015 - https://law.justia.com/cases/new-jersey/supreme-court/2015/a-92-13.html State of NJ v Julian Hamlett - https://caselaw.findlaw.com/nj-superior-court-appellate-division/1851254.html?fbclid=IwAR2Gwy1pJA-uQ6wWqF6wniZcI-haq7i4CDs_90VPq1tXsn_mjgLhK6IgOM4

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