Asking People Out of Motor Vehicles

Street Cop Podcast

Street Cop Training

Education

4.9 • 967 Ratings

🗓️ 16 October 2021

⏱️ 12 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

In this archive episode, Dennis stresses the importance and legality of separating drivers and passengers during interdiction. Recorded on 04/17/2018. Pennsylvania V. Mimms - (1977)https://supreme.justia.com/cases/federal/us/434/106/case.html?fbclid=IwAR2UlUeWsXT98SEPMIVa_7tmRu3G-u7U49pcKasF24DE88T_YL577J2XCXY (https://supreme.justia.com/.../federal/us/434/106/case.html) Police may order driver out of the vehicle without criminal activity or RAS. Bare this in mind…..if you do not suspect the vehicle of criminality don’t get into the habit of ordering driver out of vehicle. State v Brian K. Smith (1997) – Once the vehicle was stopped, Trooper Long was permitted to request Smith to exit the vehicle for the purpose of investigation of the suspected motor vehicle violation. https://law.justia.com/cases/new-jersey/appellate-division-published/1997/a3449-95-opn.html?fbclid=IwAR0QU7NVw_7fR6K0D1OWxyjm-tFmrIcAP48aMuiHNapD2yv9-DE_99a-j_o (https://law.justia.com/.../appella.../1997/a3449-95-opn.html) See State of NJ v. Brian L. Smith (1994) that stated that the Mimms test, as applied to drivers, satisfies the NJ constitution as well. https://l.facebook.com/l.php?u=https%3A%2F%2Flaw.justia.com%2Fcases%2Fnew-jersey%2Fsupreme-court%2F1994%2Fa-28-93-opn.html%3Ffbclid%3DIwAR1pyM1cEa2oMhmhIkcbE_h06cfVHZG8SCMhkwcVxeqvGkO2T0dTSExfYAUandh=AT2R_tB-87Fff7lRVzLP53IGu2xof6XJUWWNAP60GEskLMq_IvTDOd5uvvlsAwCjj8VWlTT3LO5z5dKYX8HdwiE6LbaN_tMV8sT7JYFPJ5R3zbZUjwEG7JaQBMxVtf76b9HL0lPC1a5a5PXovwand__tn__=-UK-R (https://law.justia.com/.../supreme.../1994/a-28-93-opn.html) The court stated that “Instances will surface in which police officers, with less than a reasonable suspicion that a passenger is engaged in criminal activity or is armed and dangerous, may reasonably order a passenger to step out of a car.” The officer does not need to point out specific facts that the occupant is armed and dangerous rather the officer needs only to point out some fact or facts in the totality of the circumstances that would warrant a heightend caution. Examples…. Proximity to traffic. Bad weather; Poor visibility. Suspicious gestures by passenger(s) (Never say furtive movements, explain what you saw in detail). Ability to control the movements of several occupants. Ability to control the actions of bystanders. Suspicion of Criminal Activity. NOT ONLY LIMITED TO THE ABOVE LISTED REASONS. STATE OF NEW JERSEY VS BRIAN K. SMITH, ET AL :: 1997 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: US Law :: Justia Police may not routinely ask passengers out of a vehicle that has been stopped for a traffic violation. HOWEVER, NJ law states passengers can be asked out of the vehicle, when an officer is able to point to some specific fact(s) that would warrant a heightened caution. This can be anything to include R.A.S. (State v. Brian L. Smith 1994). This does not have to include a danger factor. https://law.justia.com/cases/new-jersey/supreme-court/2017/a-9-15.html?fbclid=IwAR26bOyVmaAauWtJ54XX_Xva9JUsVpW06fTymmW7T5BWhbkCh-IRPf2mk8A (https://law.justia.com/.../supreme-court/2017/a-9-15.html)

Transcript

Click on a timestamp to play from that location

0:00.0	One, one, I can't get a
0:02.0	way, a hotel, wait.
0:03.0	Uh-huh.
0:05.0	And uh, a, you trying to be a street cop.
0:10.0	You trying to be a street cop? Oh, good evening, everybody, live video.
0:14.0	I did a video yesterday.
0:15.0	I did a video yesterday.
0:17.0	All right, listen, I want to give you guys some value this evening.
0:19.0	And again, I try to bear in mind that a lot of people who are in this group now are not just New Jersey police officers.
0:24.2	We have a lot of people from around the country.
0:26.2	We have a guy from Iceland who I've been in contact with and we have a few people from Australia and
0:30.5	I think we have a few different like there's a lot of countries in this group
0:33.8	which is really it's awesome for me to be able to come on here and help you educate
0:37.9	and learn how to do this job a little more efficiently and better and you know how to
0:42.4	employ proactive patrol techniques and tactics and criminal
0:45.1	interdiction and case law and all those other jazz that we can try to give you to
0:48.1	help you do your job better and one thing what's interesting is and I spoke about
0:51.7	this in class yesterday is asking asking people to step out of a car.
0:54.4	I can't tell you how many people that I know that are police officers trying to do an addiction
0:58.8	work because Scratchman is there, that are never asking somebody to step out of a car.
1:04.0	When I taught this class and I was employed, because I'm medically retired now,
1:08.0	at the police department that I worked for,
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from Street Cop Training, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Street Cop Training and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.