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Street Cop Podcast

K9 Indication Creates PC

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 5 September 2021

⏱️ 12 minutes

🧾️ Download transcript

Summary

In this archive episode, Dennis is addressing K9 again. Recorded on 08/23/2017. State v. William L. Witt (A-9-14; 074468) The exigent-circumstances standard set forth in Pena-Flores is unsound in principle and unworkable in practice. Citing Article I, Paragraph 7 of New Jersey’s State Constitution, the Court returns to the standard articulated in State v. Alston, 88 N.J. 211 (1981), for warrantless searches of automobiles based on probable cause.State v. Alston :: 1981 :: Supreme Court of New Jersey Decisions :: New Jersey Case Law :: New Jersey Law :: US Law :: Justia The automobile exception authorizes the warrantless search of an automobile only when the police have probable cause to believe that the vehicle contains contraband or evidence of an offense and the circumstances giving rise to probable cause are unforeseeable and spontaneous. This standard is seemingly consistent with the Federal Standard. Significantly, we also made clear in Alston, supra, that merely because “the particular occupants of the vehicle may have been removed from the car, arrested, or otherwise restricted in their freedom of movement,” police were not required to secure a warrant. 88 N.J. at 234. Last, relying on Chambers, we emphasized that “when there is probable cause to conduct an immediate search at the scene of the stop, the police are not required to delay the search by seizing and impounding the vehicle pending review of that probable cause determination by a magistrate.” Id. at 234–35. We also part from federal jurisprudence that allows a police officer to conduct a warrantless search at headquarters merely because he could have done so on the side of the road. See Chambers, supra, 399 U.S. at 52, 90 S.Ct. at 1981–82, 26 L. Ed.2d at 428–29. “Whatever inherent exigency justifies a warrantless search at the scene under the automobile exception certainly cannot justify the failure to secure a warrant after towing and impounding the car” at headquarters when it is practicable to do so. Pena–Flores, supra, 198 N.J. at 39 n. 1 (Albin, J., dissenting). Warrantless searches should not be based on fake exigencies. Therefore, under Article I, Paragraph 7 of the New Jersey Constitution, we limit the automobile exception to on-scene warrantless searches. For the reasons expressed, the exigent-circumstances test in Cooke and Pena–Flores no longer applies. We return to the standard set forth in Alston for warrantless searches of automobiles based on probable cause. Automobile by itself provides exigency satisfying the one prong of the two-prong necessity of a warrantless search, all you need is the probable cause.

Transcript

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0:00.0

One another one that's going to be on the way.

0:03.0

Uh-huh.

0:05.0

You trying to be a street cop.

0:10.0

All right, so a while ago we've been addressing this the past couple of days.

0:15.4

The guys were in the group from out of state.

0:17.2

Sorry, this is not going to be a really exciting video for you.

0:19.4

If you like to watch it, just hear my voice and you think I'm interesting.

0:22.1

Yeah, that's a different story.

0:23.0

But in June, there was a class given at the Bergen County Police Academy

0:27.8

by two APs in the Bergen County Prosecutor's Office.

0:30.0

Now, show the very nice people. During that class, a lot of guys reached out to me that had

0:35.8

been to my training and said, hey, they're telling us that we need to apply for a search warrant

0:41.6

with a canine indication.

0:43.8

And I said, well, that's not true.

0:45.9

Can we see if we can address that with them?

0:48.5

One guy addressed it to them after class was over.

0:58.5

They, the one AP later emailed this lieutenant from another agency and said, hey, we were wrong.

1:00.5

And I kind of didn't want to hook and prod at the whole thing.

1:04.7

I don't want to create waves with anybody.

1:06.6

But now, after seeing this Maawa thing the other day,

1:09.7

and now guys writing into me and say,

1:11.4

I keep talking about the messages I got from guys like hey my

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