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Street Cop Podcast

Post DWI Arrest Vehicle Search

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 30 August 2021

⏱️ 11 minutes

🧾️ Download transcript

Summary

In this archive episode, Dennis explains case laws around post DWI arrest vehicle searches. Recorded on 07/28/2017. The wording in Witt and Alston and touching on searching post DWI... State V. Irelan 2005 This case ruled officers have the right to search a motor vehicle for open containers after an arrest for DWI. (1) the police may lawfully affect a custodial arrest of a motorist when there is probable cause of a DWI violation; (2) incident to the arrest, the police may search the person of the arrestee; and (3) a contemporaneous warrantless search of the vehicle is permissible We hold that these facts are sufficient to support a reasonable well-grounded suspicion that alcohol was consumed in the vehicle, and thus the vehicle contained open containers of alcohol. Therefore, the probable cause prong of the automobile exception is met. http://caselaw.findlaw.com/nj-superior-court-appellate-division/1053523.html?fbclid=IwAR1Wobi-Feo2rlkqto96XloXCkcmXv7b_StBufigGMh7D10cl2fhqTHppns (http://caselaw.findlaw.com/nj-superior-court.../1053523.html) This will be allowed for CDS-related DWI’s as well. http://caselaw.findlaw.com/nj-superior-court-appellate-division/1053523.html?fbclid=IwAR0B3eAbqwBoUT-lk7vVI-YDoOL5wiovktieomzRYTRDE_IJ5v_0NlXiH3Q (http://caselaw.findlaw.com/nj-superior-court.../1053523.html) Significantly, we also made clear in Alston, supra, that merely because “the particular occupants of the vehicle may have been removed from the car, arrested, or otherwise restricted in their freedom of movement,” police were not required to secure a warrant. 88 N.J. at 234. http://caselaw.findlaw.com/nj-supreme-court/1713839.html?fbclid=IwAR0BAfHimAZjS-dRixHCQ916OwmUzbXXexeun81tw-ViWgHkHNYMWOnRk64 (http://caselaw.findlaw.com/nj-supreme-court/1713839.html)

Transcript

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0:00.0

One another one can't get a

0:02.0

way.

0:03.0

A ha, a great, uh-huh.

0:05.0

A-huh.

0:06.0

You trying to be a street cop?

0:10.0

All right, I was really take some interactions that I've had in the past couple days with some people and group members here, and they have questions, so I know that if they're asking those questions, you guys have those questions, and I know there's a lot of new group members who haven't seen some of the videos in the past.

0:23.0

If you use a search function on the left side of your screen, if you're looking on a laptop or a desktop computer,

0:29.0

you can actually put keywords in. I put in a lot of, we'll put a lot of words in so you can find the video that relates to something that you may have a question about if I've done the video so far. I don't ever extend past the knowledge that I have. I don't discuss topics that I don't, that I'm not 100% sure of.

0:43.4

So just know that, that whatever you're getting from me really is backed by

0:47.9

evidence and facts and experience.

0:49.7

And then if it's an opinion, I'll let you know it's an opinion.

0:51.8

But other than that, we're going to talk about two things.

0:53.6

We'll talk about some wording in State v. William Witt,

0:56.4

and because I just seem to be some confusion on this.

1:00.2

And then we'll go into State v. Ireland, which is arresting, I'm sorry, searching a motor vehicle,

1:04.9

post-DWS for probable cause and evidence of the intoxication.

1:10.6

And then we'll just discuss the timelines about case law and some people are under the

1:16.4

impression that's case law I'm here to write this down case law is when it gets

1:21.2

old it becomes stale and we need to get new case law to have some

1:26.3

fresh stuff. So stuff apparently expires. So then I guess there's a time limit on it.

1:31.5

Some people must think that I guess I don't know what do you think the

1:34.0

Supreme Court has to come in and refresh things. So when things are settled and decided, let's discuss that right now.

...

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