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Street Cop Podcast

Obstructed View Case Law

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 23 July 2021

⏱️ 3 minutes

🧾️ Download transcript

Summary

Dennis explains what constitutes an obstructed view according to case law in this throwback episode. Recorded on 03/01/2017.

Transcript

Click on a timestamp to play from that location

0:00.0

One minute.

0:01.0

One day.

0:02.0

I'm trying to be a street cop.

0:10.0

Hey, everybody.

0:12.0

Sorry, it's been a few days since I've gotten out here and given you guys a video, but we did have a large class Monday, Tuesday, hosted by DeFord PD in Gloucester County.

0:21.6

Thank you for having me, and I will be back in the fall.

0:23.4

We had a really big turnout. A lot of good guys got to experience this for the first time, a two-day course. And I think he really got something out of it. So we had a good group, a lot of energy in the room, a lot of good guys. But what we're going to talk about now is State v. Thomas Barrow out of Hazlid 2009.

0:22.5

And it's the key regarding 39-30-78, 74, obstructed view, and items tangling from rear-view mirrors of cars. And what is allowed and what isn't? So the reason I do this is, because when you go out and I know guys are stopping cars for stuff hanging from the rear-view mirror, you've've got to be careful because if you're pulling somebody over for a Christmas tree-style air freshener, that won't cut it. And maybe you said to yourself, hey, I've had this before, and it flew in court, maybe because the defense attorney or the judge or the prosecution did not know what the case law was. And I'm getting it to you here. So when you have this stuff, you don't make this mistake and lose your probable cause if you have a good case. So here's what the case law said. I'm going to just log it's over a little bit and just turn on my thing here. Hold on a second, guys.

1:28.1

All right. Thomas Barrow.

1:29.9

St. George versus Thomas J. Barrow.

1:32.2

I'm sorry, Thomas V. Barrow.

1:33.8

Wait, is it Thomas?

1:34.4

It doesn't matter.

1:36.2

All right, so it's two rounded objects.

1:38.1

What was this guy that Hazlip pulls over this car?

1:40.7

It's an Accura, and he pulls it over for obstructive view.

2:35.9

And in the obstructive view, he pulls over for two boxing gloves hanging from the mirror. And this is what the court said. Two rounded objects dangling from the rearview mirror larger than a Christmas tree-style air freshener. They were boxing gloves measuring three and a half inches by three and a half inches. That was good to go, but it's got to be larger than a christmas tree style air freshener so you must know that when you're stopping a car it has to be the test is is it larger than a christmas tree style air freshener now how exactly big is that i don't know carry one with you what do we tell you and also items that reflect light were also good enough to violate the statute for 393-74 so there So there you are. That's your piece today. You go out tonight and you're looking for something. You find that rearview mirror and you see that item dangling from it. Know that now it must be larger than Christmas tree style air freshener. I've attached the hyperlink here. You can click it and you can read the case yourself. And you should be reading these cases because the more case law, you know the better you're going to be at your job and know how to approach it correctly.

2:38.8

The case law guides police on how to make decisions in the field.

2:41.2

I'll see you guys tomorrow. Enjoy.

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