Permissible Questions During a Motor Vehicle Stop
Street Cop Podcast
Street Cop Training
4.9 • 967 Ratings
🗓️ 29 July 2021
⏱️ 7 minutes
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| 0:00.0 | One of all right. |
| 0:01.0 | One time. |
| 0:02.0 | All right. |
| 0:03.0 | All right. |
| 0:04.0 | You're trying to be a street cop. |
| 0:10.0 | All right, it's Friday. |
| 0:12.0 | Hopefully I get back to you guys on the weekend, but today we're going to talk about permissible questions on a motor vehicle stop. |
| 0:17.0 | There's another one I get calls about all the time. |
| 0:19.0 | Oh, my sergeant said I can't ask if there's anything illegal in the car. I actually remember being at a class for Sean Smart years ago, Monmouth County Police Camp. I think it was like 2010 or 2011. And Sean Smart actually asked the class. He posed this question, can you ask if anything's illegal in the car? Half the class raised their hand and said yes. And the class raised their hand and said no and the other half raised their fucking hand and looked around but they didn't have an answer for it so here it comes here's the case law there's three cases that address this and what you're allowed to do i'm going to read some stuff right out of my book here uh but the three cases are going to be state versus hickman all right i Hickman. All right, I'm just going to move this over again, |
| 0:54.9 | but State versus Chapman and State versus Brian Iglesi. I'm sorry, Pegisi, and that's out of 2000. So I'll attach the links to this video, and you guys can read these cases. They're very easy to read, explore it a little bit, read about it, and you can see what you were allowed to do. just be careful when you're reading because these are appeal cases. |
| 0:53.0 | So when it says the defendant contends, about it and you can see what you were allowed to do. Just be careful when you're reading because these are appeal cases. |
| 1:11.3 | So when it says the defendant contends that, that's the part that they're trying to |
| 1:16.6 | contend that was illegal. |
| 1:17.9 | You have to read towards the bottom where the judge's rule on what they said was permissible |
| 1:22.2 | and what wasn't. |
| 1:23.0 | Okay. |
| 1:23.8 | So the scope of the stop permissible questions. |
| 1:26.8 | Okay, ordinarily when a driver has produced a valid license and proof that he's entitled to operate a car, that must be allowed to proceed on his way. All right. So here's what it says here. If, however, during the course of a stop, or as a result of reasonable inquiries indicated by the officer, the circumstances give rise to suspicions unrelated to the traffic offense, an officer may broaden the inquiry to confirm or dispel those suspicions. In State v. Chapman, the court held that |
| 1:48.7 | during the course of a typical traffic stop, an officer may request a driver's license, |
| 1:53.4 | registration insurance card, may run a computer check, should advise the motorist for the |
| 1:56.8 | reason of the stop, and may ask questions that are related, I'm sorry, recently related to |
| 2:00.3 | the reason for the stop. When the driver questions that are related, I'm sorry, reasonably related to the reason for the stop. |
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