Getting ID from Passengers

Street Cop Podcast

Street Cop Training

Education

4.9 • 967 Ratings

🗓️ 24 August 2021

⏱️ 9 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this older episode, Dennis explains how to ID passengers. Recorded on 07/13/2017. State v Sloane 2008 HELD: During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found. State v Pierce 1994 May a police officer arrest any person who violates, in the officer's presence; any provision of Chapter 3 or 4 of title 39? No, although 39:5-25 imposes no limits on an officer’s authority to arrest for traffic offenses, the statute not be read literally. There are “Other sources of law” that suggest that an officer’s authority to arrest under 39:5-25 is, and should be, restricted to those offenses in which, “AN ARREST IS NECESSARY TO PROTECT PUBLIC SAFETY OR TO ASSURE THAT THE OFFENDER WILL RESPOND TO A SUMMONS!” (SOMEONE WITH NO IDENTIFICATION and YOU CAN’T FIGURE OUT WHO THEY ARE!) Rules 3:3-1(c); 7:2-3(b) STATE V. LARK The court said, “Where the driver is without a license and persists concealing his identity an officer may then either continue to detain the driver for further investigation or arrest the driver under 39:3-10 (Unlicensed Driver) or 39: 3-29(Failure to provide Documents).” In instances such as this, when a driver is without a license and offers false information in response to a reasonable police inquiry, there exists a sufficient basis for the police officer to detain the driver for further questioning until the officer learns the true identity of the driver Assuming that the driver persists in concealing his or her identity and there appears to be no other reasonable alternative, the police officer may take the driver into custody. Related Links: https://caselaw.findlaw.com/nj-supreme-court/1146795.html?fbclid=IwAR1jaacuDa5m3PCs3vQtOzclkC4r98bKTWC7OlmVz5mK2NqK6PoVfb9RXpM https://law.justia.com/cases/new-jersey/appellate-division-published/1992/257-n-j-super-483-1.html https://caselaw.findlaw.com/nj-supreme-court/1010443.html?fbclid=IwAR0dn1P0YM1ia2q4cEgrO6a-BTCyc6hetBQywDGpIf_SZFX7hpvFuecUQRU

Transcript

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0:00.0	One question came in from George say that we're going to answer in the group right now, and I'm going to read it to you guys,
0:17.0	been to answer it, give you questions while we're going live in this video.
0:20.0	If you're not seeing these live videos, you can click the video once it's been posted and then you can hit some button at the bottom that says get notified when street cop training goes live.
0:30.0	You guys want to be part of it. You can send your messages in if you have any questions
0:33.2	well we're in the group and I'm just gonna answer this off of a pela I
0:36.2	didn't do any research on it just know on top of my head so this comes in from
0:39.7	George I don't want to say his last name, people want to be made anonymous.
0:43.0	Say Dennis, question for your video.
0:45.2	Any other way to get passengers to give credentials other than not wearing a seat belt?
0:49.1	So we answer that first.
0:50.7	There are more than just a seat belt violation that you can get a passenger on.
0:54.4	Also know that littering out the window is a good one, even if they're smoking and
0:58.7	bashing out the window in New Jersey that's considered littering.
1:01.6	For the guys who are involved in this group from other states look into your
1:04.5	statute to see if that works for you as well.
1:06.7	Now in New Jersey in order to get somebody's identification or
1:08.7	compel it and it's a mandatory reason, we have to have a violation through Title 39. I also want to tell you that if you have a car and you're
1:16.7	requesting ID and people smell like marijuana or you have marijuana smell in the car,
1:21.2	you may want to jump into state versus George Myers and affect that arrest
1:26.2	for the odor of marijuana to get that person back at the headquarters to run him from Prince.
1:31.1	Some people, I know we've done a video a while back about hindering apprehension, and if you don't have any, if you have a guy refusing identification or giving you a bullshit name, but nothing else, no order of marijuana, no, not wearing a seatbelt or no title 39 violation or motor vehicle violation
1:46.7	I'm going to advise you with not arresting them because you think he's lying to you without any underlying justification other than the fact that you
	...

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