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Street Cop Podcast

Opening Locked Containers

Street Cop Podcast

Street Cop Training

Education

4.9933 Ratings

🗓️ 8 September 2021

⏱️ 6 minutes

🧾️ Download transcript

Summary

In this archive episode, Dennis explains that opening a locked container or safe does not require an additional warrant. Recorded on 09/17/2017. New Jersey adopts the federal standard...State of NJ v. Jackson 1993 In conducting the search the police discovered a locked safe, which was seized and opened, revealing incriminating evidence. The court rejected the argument that the scope of the warrant had been exceeded by the opening of a locked safe, concluding that "[t]he locked safe was a likely source for the specified documents and could therefore be opened." http://law.justia.com/cases/new-jersey/appellate-division-published/1993/268-n-j-super-194-1.html?fbclid=IwAR0mTN-8RHGzJFuJRmng-yipCKfDYzjmW_WzUv42Wkwd67R8ZMrskgVrW5M (http://law.justia.com/.../1993/268-n-j-super-194-1.html) State v. Hansen, 732 P.2d 127, 131 (Utah 1987) (warrant to search premises for drugs permitted search of locked box within, rejecting contention that a separate warrant was required to open the box). Although article I, ¶ 7 of the New Jersey Constitution may very well afford our citizens greater protection against unreasonable searches and seizures than does the Fourth Amendment (see State v. Hempele, supra, 120 N.J. at 195, 576 A.2d 793 (and cases cited *210 therein)) neither public policy nor New Jersey decisional law compel a result different from that espoused in the federal authorities referenced above. Indeed, although not dispositive, Reldan, supra, 100 N.J. at 195, 495 A.2d 76, suggests an analysis which is both practical and consistent with the foregoing. http://law.justia.com/cases/new-jersey/appellate-division-published/1993/268-n-j-super-194-1.html?fbclid=IwAR1madzfd7NXtpitT-KN6XZnbiq07b4iQQhrBrvYVfOhBxgYeOPJ_jAwKTw (http://law.justia.com/.../1993/268-n-j-super-194-1.html)

Transcript

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0:00.0

One, one, one, that's a way,

0:02.0

I don't have a way, uh-huh.

0:04.0

H-huh.

0:06.0

You trying to be a street cop?

0:10.0

All right, it's Sunday, I am still at the office all weekend preparing for the next two

0:16.5

upcoming classes. If you try to get into these last two classes, well the next two

0:20.5

class we went on the last two for 2017 we got quite a few coming up.

0:24.0

There's still time to register if you guys want to get in. We have room in both classes, a couple

0:27.8

spots left in the one day class and we have a couple of, yes, I think we have room in the two days of big room.

0:35.0

I'm going to talk about something that I'm

0:38.0

that was brought up and I sometimes I'm reading my law books

0:41.0

it refreshes a conversation that I've had. It reminds me of something I had

0:44.8

I never addressed with a guy who called me or reached out to me and asked for some clarification.

0:48.4

So I'm trying to get to everybody. You know that if you did reach out to me, you did ask me a question.

0:52.0

I never got back to you just because I'm basic but I'm

0:54.9

trying to get as I come across it and it sparks my memory I come back and I'll give it to

0:58.2

you again and I'm going to talk about searching safes and locked containers when you have probable cause are worn.

1:04.4

Now we have to remember that when you have probable cause, you know, in the automobile exception,

1:09.5

let's say, you know, in the automobile setting, so we'll call it plus exigency, and you can do a warrantless search.

1:15.6

You can search as if you had a warrant in your hand.

1:18.8

So with that predicating the next thing that I'm going to say, I want you to know that when you have

1:25.8

PC you can search like you have a warrant. It's the same thing. It's the same thing.

...

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