Defendant's Admission

Street Cop Podcast

Street Cop Training

Education

4.9 • 933 Ratings

🗓️ 8 September 2021

⏱️ 3 minutes

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Summary

In this archive episode, Dennis explains that the defendant's admission establishes probable cause. Recorded on 09/17/2017. State v Brown 2002 - https://www.courtlistener.com/opinion/1473887/state-v-brown/?qandcourt_nj=onandorder_by=score%20descandfbclid=IwAR19d686JcxFor0qx7WMbe5pcKknU292jTgOW5qICxjRD8cTmCOD8Um66Sg (https://www.courtlistener.com/opinion/1473887/state-v-brown/?q=andcourt_nj=onandorder_by=score+desc) Dog hit’s on defendants suitcase and she admitted to having 55 pounds of marijuana on her hence establishing PC, she was arrested and the search of the bag was considered search incident to arrest. Probable cause to arrest defendant existed following her admission of guilt especially in light of the dog having "alerted" to the presence of drugs in the suitcase. Indeed, at oral argument before us, defense counsel admitted probable cause existed in these circumstances. Hence, the search of the suitcase was incident to defendant's arrest and her consent to search was not required.[8] That being so, we need not decide whether defendant's consent to search the suitcase was voluntary.

Transcript

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0:00.0	One that I can't, I'm just sitting here reading case law as again I'm brushing off and I'm making the
0:17.8	course is better for everybody who's coming up just fix this camera little bit more even, let's say.
0:23.2	All right, cool.
0:24.3	Guys, I just have to jump on here
0:25.4	and give you guys this last piece of case law before the day.
0:29.0	I just can't walk away from this one.
0:31.5	I was like, not to say for tomorrow, but I forget how many pissed because I know a lot of guys writing to me about this one and recently even today somebody just asked me about admitting when a person commits a crime does that a status probable cause.
0:43.2	And I'm going to read to you some verbiage right out of State
0:47.0	versus Brown 2002.
0:48.4	And her name I think is Tanisha Brown, something like that.
0:52.8	So what happens is Mrs. Brown is in the Newark Airport.
0:55.9	She's approached by some Port Authority infectives.
0:59.6	And basically, make a long story short, dogs.
1:01.9	The dog comes out hits on its
1:03.2	suitcase she admitted to having 55 pounds of marijuana on her hence
1:06.9	establishing probable cause she was arrested and the search of the bag was
1:10.9	considered search incident to arrest so she came back and tried to challenge
1:14.2	the constitutionality of the consent search of her bag
1:16.8	once she admitted to it.
1:17.6	And the court said, look, no, we're not even talking
1:20.6	about the consent search here.
1:21.9	It's a moot point, it's not even an issue. What we're talking even talking about the consent search here. It's not even, it's not even
	...

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