One 1170.

You're trying to be a street cop.

Happy Sunday to all.

I'm sure that half of you were half in the bag in Belmar at the St. Paddy's Day Parade.

I could not come today because I'm reading Case Law and make sure that you guys go out and do your job to the best of your ability with full knowledge and power and go out and do things right. So today we're going to talk about, I got a question from a friend of mine who's been on my course two times and for my case law class at least once. And his question was, Dennis, when we have a car stopped and made an open container of alcohol, will that permit us to search arrest the car?

And the answer to that is, well, it depends, but generally no.

The PC to search also equals the PC to arrest.

So if you can't arrest for a bottle, open container of alcohol, then you can't search the car for the open container of alcohol.

But don't discount the fact that you may have other things happening

on the scene, which will build to reasonable, articulable suspicion. So you have to know how to build your RIS to ask for that consent or call for a canine, but just an open container minus anything else will not permit you to search a vehicle. Now, we also know that if they are DWI, you can search the car for open containers

or if they're DWI for CDS, we know you can search the car look for the products of that drug. Interestingly enough, somebody had written to me and said, if we get somebody on a DVY, CDS, can we search the car or can we search the trunk? And the answer to that question is, well, it depends what the situation is. Depends what other

factors are playing. It's a hard question to answer and give you

an exact

detailed, perfect version of it. So the question, the answer is, is if you have somebody's DWR for CDS and you think there's stuff in the trunk, when in doubt, follow my rule. When in doubt, ask for consent or call for a canine unit.

That guy said to me, well, do we have to get a warrant or get consent?

Now, hold on.

It's a car.

You're not going to. out, ask for consent or call for a canine unit. That guy said to me, well, do we have to get a

warrant or get consent? Now, hold on. It's a car. You're not going to need a warrant. You need a can't come out to sniff. When that dog indicates, you can go into the car. You do not need to get a search warrant when a dog indicates after the reversal of Pena Flores with the new case, State v. William Whit, where you can read

that they specifically address, there is no need to go get a third-party magistrate to review

your case before you can search a car. Please know that. But I'm going to read this one case to you,

just a little piece of it, and State v. Sullivan had a 2001. And this is just a line.

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