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Street Cop Podcast

39.4-64 Throwing Debris from Vehicle

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 28 July 2021

⏱️ 8 minutes

🧾️ Download transcript

Summary

Dennis explains that one of the tell-tale signs that someone is up to no good is seeing a nervous driver ash a cigarette out the window in this throwback episode. Recorded on 03/17/2017.

Transcript

Click on a timestamp to play from that location

0:00.0

One 11.

0:01.0

One day.

0:02.0

Uh-huh.

0:03.0

You're trying to be a street cop.

0:07.0

Happy St. Patty's Day, all.

0:13.0

I'm sure most of you guys are out at the bar, drinking beer and getting gassed already.

0:20.0

So when you get home, you're drunk tonight, you're scrolling through Facebook, you watch his video. You probably do everything. And then in the morning, when you roll up next to that three that you brought home, you roll over and tell her to leave, click back on it and go over it again. But today we're going to go over the questions from yesterday, and I'm going to address 39, 40F64, which is throwing debris from a vehicle and why it's such a great tool for us here in New Jersey. For those who are joining us from other states, say, too, I'm going to go over a little R.S and PC. I know some guys have asked for things. I know some of this Title 39 stuff, which is motor vehicle traffic law in New Jersey. It doesn't apply to you. I would advise you to go into your traffic law and read about it and read the details in it and see you to use this stuff for your benefit to affect good motor vehicle stops. And generally what I teach is interdiction if you don't know that. So chewing gum too, which I shouldn't be doing while doing a video. But at St. Patty's Day, who cares, right? All right, 39.40, 64, throwing debris from my vehicle.

1:13.2

No person shall throw debris or drop any debris to include a cigarette, cigar.

1:18.1

And here's the wonderful part of it.

1:20.3

Match or ashes or any substance, anything.

1:25.1

So you're going to know that when you see a car, when you're out watching motor vehicles and you're watching traffic, and when people spot a law enforcement officer, a lot of times the first thing people tend to do is when they get very nervous is to light up. Now, if you don't have probable cause to stop the car or New Jersey, you need RAS, it's really nice because they just give it to you because most people don't have ashtrays in their motor vehicles. Let me tell you this come out. Most people don't have the ashtrays in their motor vehicles. So what they'll do is when they see you, they get nervous, they'll light up. And what's the first thing you see is that cigarette comes up against the window and they start ashing out the window. Now I advise you to turn your camera on and capture that. Make sure you get that PC on camera for your stuff. You know, if you're seeing something that's PC that you want your camera to see that, you want your camera to grasp and get all that good, good footage of probable cause what you were seeing. And a lot of times it's the simplest thing that cherry come out of the window and being flipped. I mean, here's another tip. If you drive, if a car drives past you and there's two or three people in the car and now you pull up next to him and out everybody's smoking.

2:17.5

You have people who are engaged in criminal activity. Somebody has warrants. There's either some kind of drugs or criminal activity going on in the car. You must know that. So that's another clue for today. But it's a really, really nice tool. I used it a lot. People just ashing out the window, throwing a cigarette butt, but ashing. Ashing is such a monumental stop that I had all the time. It was just so good. I want you guys to know it as well. So I'm going to go into yesterday's questions, so I can move my stuff over here. Let's see.

2:54.7

All right, so I was taking requests for today's video, anything about, and a lot of guys wrote it.

2:55.0

I wanted to address a few different things.

2:57.6

Rich then, the case law for the order of marijuana being an arrestable offense, I know

3:02.1

it's a dead horse, but so many I talk to say it's not.

3:07.3

So they're wrong. Again, I want to go back to that. It's State versus William Witt. Like I said yesterday, actually, I'll pull that up as we work here. I should have had it up before. Let me one second. I'll pull some of the wording from it. So I could just go over with you guys, people who are new to the group that don't know in New Jersey, for the odor of marijuana on somebody's clothing or their person, it's an arrestable offense, and it's per se, it satisfies the impressor part that a CDS offense has taken place. It's a great little tool we have here. Let me just go back to it here. You guys can bear with me one second, and I'll address this.

3:46.2

Okay, and here's what it said. The smell of marijuana itself can suffice to furnish probable

3:51.4

cause that a criminal offense has been committed. A smell of marijuana gave Trooper Gore,

3:55.4

who was a police officer just like you, the right to arrest the defendant for committing an apparent marijuana offense in his presence.

4:01.0

The impredence requirement is satisfied by the trooper's use of his sense of smell in much the same manner as if he had used his sight or hearing or touch.

4:09.1

In any event, subject to any pertinent defense's possession of a quantity of marijuana is an offense under 2c3510.A4.

...

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