4.9 • 933 Ratings
🗓️ 9 January 2022
⏱️ 3 minutes
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0:00.0 | One, one, one, can be on a way, |
0:02.0 | I don't have a way, uh-huh. |
0:04.0 | Uh-huh. |
0:06.0 | You trying to be a street cop? |
0:10.0 | Happy Sunday to all. I'm sure that half of you were half in the bag in Belmar at the St. Patty's Day parade. |
0:16.5 | 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 |
0:21.6 | with full knowledge and power and go out and do things right. |
0:25.1 | So today I'm going to talk about, I got a question from a friend of mine who's in my course two |
0:28.7 | times and my case law class at least once and his question was Dennis when we have a car stopped and |
0:34.4 | they have an open container of alcohol will that permit us to search the rest of the |
0:37.3 | car the answer to that is well it depends but generally no the PC to search also is the equals PC to arrest. |
0:45.5 | So if you can't arrest for a bottle of open container of alcohol, |
0:49.0 | then you can't search the car for the open container alcohol. |
0:51.1 | But don't discount the fact that you may have other things happening on the scene, which will build to reasonable, articulable suspicion. |
0:58.0 | Okay, so you have to know how to build your RAS to ask for that consent or call for a canine. But just an open container minus anything else |
1:05.5 | will not permit you to search a vehicle. |
1:07.3 | Now, we often know that if they are DWY, |
1:10.0 | you can search the car for open containers. |
1:12.3 | Or if they're DWI for CDS, we know you can search the car for open containers or if they're DWI for |
1:13.2 | CDS we know you can search the car looking for the products of that drug. |
1:15.7 | Interestingly enough somebody had written to me and said if we get somebody on the |
1:20.6 | DWI, CDS can we search the car or can we search the Trump? |
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