PC and Parked Motor Vehicles

Street Cop Podcast

Street Cop Training

Education

4.9 • 933 Ratings

🗓️ 7 September 2021

⏱️ 5 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this archive episode, Dennis discusses the circumstances for PC regarding searching parked motor vehicles. Recorded on 09/16/2017 State v Colvin 1991 The "automobile exception" permits police to stop and search a moving or readily movable vehicle when there is probable cause to believe the vehicle contains criminally related objects. It also applies to parked motor vehicles. The rationale for this exception is grounded in the exigent circumstances created by the inherent mobility of vehicles and the somewhat lessened expectation of privacy in one's vehicle. [State v. Patino, 83 N.J. 1, 9, 414 A.2d 1327 (1980).]. We hold that when, without advance planning when police encounter a parked car and have probable cause to believe that the vehicle contains criminal contraband such as drugs, and have articulable reasons to believe that the evidence may otherwise be lost or destroyed, they may seize and search the vehicle for the contraband without the necessity of a warrant. The ability to search a car does not depend on whether or not it is parked or moving, just remember that it must be unforeseeable and spontaneous. http://law.justia.com/cases/new-jersey/supreme-court/1991/123-n-j-428-1.html?fbclid=IwAR1o9cvO0I5Sm0_ba87VMRmm2RxgQkiTczfsVRLOCFDlm_9ZFqW8T20I97E (http://law.justia.com/.../supreme.../1991/123-n-j-428-1.html) State v Patino http://law.justia.com/cases/new-jersey/supreme-court/1980/83-n-j-1-0.html?fbclid=IwAR18V_498z22fU7tWHmmZ1J3fmSfs7aVW7gJhkKKJUQ4blIU9dju-6WTW5k (http://law.justia.com/.../supreme-court/1980/83-n-j-1-0.html)

Transcript

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0:00.0	One, one another one can't get a
0:02.0	way, uh-huh.
0:04.0	H-huh.
0:05.0	You trying to be a street cop.
0:10.0	Today I'm just going to talk about one that applies to everybody. I believe this is going to be a federal standard.
0:16.8	Unless your state says differently, this is basically going to run off the federal standard,
0:20.7	but it's New Jersey case law and I imagine it's seemingly consistent with the federal standard, but it's New Jersey case law, and I imagine it's seemingly consistent with the federal standard.
0:25.0	And it's about parked motor vehicles, and can you search them like if you came across them on motor vehicle stop stop if they had probable cause that existed inside the car.
0:35.8	So the case I'm going to refer to is State v. Calvin in 1991.
0:39.7	Now I don't want to hear people say, again, oh, well, I don't like what he says it's 1998
0:43.8	your administrators oh who says 1991 is or anything recent Miranda was like
0:48.0	1969 do you think we don't have to read Miranda anymore? It doesn't change.
0:53.2	It's because it was approached in 1991.
0:54.8	It doesn't mean that the laws that were
0:56.6	1927 US Supreme Court case laws that we still follow for this day.
1:00.2	And that has to do with bootlegging cars and
1:02.8	searching cars and departments inside of cars.
1:05.0	So let's not, hey, Mac, I thought you were talking to me,
1:09.1	but you're talking to Josh.
1:09.8	But anyway, that's what we're talking about here.
1:16.2	Steve versus COVID-91.
1:17.8	And here's what it said.
	...

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