meta_pixel
Tapesearch Logo
Log in
Street Cop Podcast

Permissible Questioning on a Motor Vehicle Stop II

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 2 September 2021

⏱️ 10 minutes

🧾️ Download transcript

Summary

In this archive episode, Dennis revisits permissible questioning on a motor vehicle stop and surrounding case law around it. Recorded on 08/11/2017. State v Chapman - We are, nevertheless, satisfied that the trooper's initial questions in this case concerning where the defendants had been and where they were going were reasonably related to the reason for the traffic stop http://caselaw.findlaw.com/nj-superior-court-appellate-division/1035452.html?fbclid=IwAR2A6TV5xI63-_jcqxSo0WGlqp3U5KD_BY_nlrkMZf6jteMCS4ZoMgWSFjE (http://caselaw.findlaw.com/nj-superior-court.../1035452.html). State v. Hickman 2000 When there are passengers in a car stopped for a traffic violation, the passengers are subject, as a practical matter, to the same temporary stop as the driver, because passengers do not generally have readily available alternative means of transportation. See Maryland v. Wilson, 519 U.S. 408, 413-14, 117 S.Ct. 882, 886, 137 L.Ed.2d 41, 47 (1997) (“[A]s a practical matter, [in a motor vehicle stop] the passengers are already stopped by virtue of the stop of the vehicle.”); Berkemer, supra, 468 U.S. at 436, 104 S.Ct. at 3148, 82 L.Ed.2d at 332 (“[A] traffic stop significantly curtails the ‘freedom of action’ of the driver and the passengers, if any, of the detained vehicle.”); see also State v. Smith, 134 N.J. 599, 611-19, 637 A.2d 158 (1994); Dickey, supra, 152 N.J. at 483, 706 A.2d 180. Moreover, if a stop for a motor vehicle violation is reasonable, the police do not have to show an independent basis for detaining the passengers, unless the detention goes beyond what is incident to a brief motor vehicle stop.http://caselaw.findlaw.com/nj-superior-court-appellate-division/1000781.html?fbclid=IwAR3IRN7SJ1nQ2d_m8_OMW5oTLa7GFL5iK1f1_i-O8B3758Gl9Xw7mJM4lyE (http://caselaw.findlaw.com/nj-superior-court.../1000781.html)

Transcript

Click on a timestamp to play from that location

0:00.0

One, one, I can't get 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

Just trying to get this lighting right for this video.

0:13.0

Guys, happy Friday.

0:14.0

I know I've done videos in this before, but I'm reading up on it right now, brushing up,

0:17.6

and I just want to jump on here.

0:18.9

And the reason I jump on these certain subjects is because I get posed questions from guys all day long and kind of just refreshes things.

0:26.8

I just want to give everybody something to work with.

0:29.2

I know we have a lot of new people in this group and guys who haven't seen the videos gone back.

0:32.8

We have like 12 hours of videos so I can understand it's a little intimidating.

0:36.7

So I just want to get people refresh and up to speed.

0:39.0

And what I'm going to talk about today is committee questioning on a motor vehicle stop.

0:42.3

And this just goes back to, let me start by saying this.

0:46.0

Know where you're, when you're asking questions to people,

0:49.0

make sure you ask them for documentation.

0:53.1

So when you reach out to maybe an AP and they tell you something contradictory to what you see on here

1:00.1

or the stuff that I provide to you with documentation, you may want to just say, hey, I've heard

1:06.4

differently. Can you send me something to support exactly what you're saying? Because believe it or not, there are some people who were in the judicial

1:14.0

system that have no idea what they're talking about. So this brings up an AP that I'm aware of that

1:20.6

told some officers that there is at no time allowed for you to ask any questions on a motor

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Street Cop Training, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Street Cop Training and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.