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Street Cop Podcast

Free Air Sniffs

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 2 August 2021

⏱️ 6 minutes

🧾️ Download transcript

Summary

Dennis explains how free air sniffs without probable cause will not hold up in court in this classic episode. Recorded on 04/03/2017.

Transcript

Click on a timestamp to play from that location

0:00.0

One of my time.

0:01.7

All right.

0:04.6

You're trying to be a street cop.

0:11.3

All right, good time to jump on here and engage.

0:14.2

I'm reading my post, the post you guys did on the free air sense for dogs.

0:17.8

Before I jumped on here, I wanted to give you guys some insight on what I have on it.

0:23.3

This is Chris Burns wrote inside the group.

0:27.2

So I have a buddy arguing with our prosecutor's office over the fact that he performed a free air sniff of a legally stopped vehicle.

0:34.3

And the prosecutor's office is saying, you need RES to conductS. to conduct a canine sniff. Illinois, Illinois versus Cabellis says you don't. AP says there's New Jersey case law. It says you do, but I can't find it. And anyone knows about this. Okay, so there is a case that came out. Now, it's a Pellate Division case, case law. So it doesn't mean it hasn't died yet.

0:54.5

It's not at that level where it's dead.

0:56.7

And I believe it's at a Belmar.

0:58.1

I don't know the name off the top of my head, but somebody from the group sent it to me. And I read it. And it's really a vague description of what happened on the scene. And what it was is I believe that a police officer, I think in Belmar or Spring Lake, somewhere around that area gets a cold, gets told.

1:23.6

There's been some information that a police officer, I think in Belmar or Spring Lake, somewhere around that area, gets a call, gets told, gives me some information that a girl whose license is suspended, gets, she's a known dope user, something along these lines.

2:02.3

I just can't remember the case of top of my head. I'm going to try to find it for you guys. I'm going to work on today. It's out of Monmouth County, so we know where the appellate division should be. And what happens is, is when he stops the car into a quick check, I believe a canine officer just happens to show up from another agency. He gets the car, he gets the dog out of the car and does a sniff of the car. And I think they found drugs in the car as a result of it. But it was weird because I've been seeing in the appellate division level that stuff has been addressed there improperly and then reversed and addressed properly on the Supreme Court level. So I get there's a Pellate Division case law that comes out when you have issues like this. I will tell you that there's

2:06.7

nothing established at the New Jersey Supreme Court level that I can find or United States

2:10.6

Supreme Court level. And I know in the post we discussed, people asked about United States

2:15.0

versus Rodriguez, and then the other one was Illinois versus Cabellas.

2:18.4

And both of them just say, you can do a free air sniff as long as it doesn't prolong the duration of the stop.

2:24.4

So what does that mean?

2:25.2

You stop the car, you walk up to the car.

2:27.6

Joey, your canine officer behind you, pulls up with a canine unit, doesn't even talk to you.

2:33.3

You're getting licensed registration insurance,

...

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