Public Intoxication

Street Cop Podcast

Street Cop Training

Education

4.9 • 933 Ratings

🗓️ 19 September 2021

⏱️ 6 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this archive episode, Dennis discusses the case laws around public intoxication. Recorded on 12/26/2017. 26:2B-16. Person intoxicated in public place; assistance to facility; determination of intoxication Any person who is intoxicated in a public place may be assisted to his residence or to an intoxication treatment center or other facility by a police officer or other authorized person. To determine whether or not such person is intoxicated, the police officer may request the person to submit to any reasonable test, including, but not limited to, tests of his coordination, coherency of speech, and breath. Any person who is intoxicated in a public place and who a police officer has reason to believe is incapacitated shall be assisted by the police officer to an intoxication treatment center or other facility. A police officer acting in accordance with the provisions of this section may use such force, other than that which is likely to inflict physical injury, as is reasonably necessary to carry out his authorized responsibilities. If the police officer reasonably believes that his safety or the safety of other persons present so requires, he may search such person and his immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapon which may on that occasion be used against the officer or other person present. All persons acting under the provisions of this section shall be considered as acting in the conduct of their official duties and shall not be held criminally or civilly liable for such acts. Any person assisted by a police officer to a facility pursuant to the provisions of this section shall receive treatment in accordance with section 9. In any event, if such person is determined upon examination to be intoxicated, the examining physician or other medically competent individual shall so certify and a duplicate copy of the certification shall be made available to the police officer. A person assisted to a facility pursuant to the provisions of this section, shall not be considered to have been arrested and no entry or other record shall be made to indicate that he has been arrested.

Transcript

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0:00.0	1st
0:09.0	trying to be on the way.
0:11.6	We're back from the holiday seasons. Hopefully everybody had good Christmas and for the guys who
0:16.7	are out there working and girls, thank you for your service. We'll get to enjoy the peace and
0:20.4	comfort of our own homes with our families. I've got to turn up the volume as I went live.
0:27.2	But doesn't matter.
0:28.0	Today I'm going to kind of switch it up a little bit and just give you guys something
0:31.5	that you probably wouldn't expect here, but it's good stuff for the New Jersey cops and I imagine for people in the rather country you probably have something similar in your laws as well. I like to like like fate kind of determine what videos I'm going to do.
0:44.0	Just so you know, Anthony and Joe, I haven't forgotten about you.
0:48.0	I'm into your stuff.
0:49.0	I'm going to give you videos tomorrow.
0:50.0	It is getting late, so I didn't want to miss out in the opportunity to do a video for everybody
0:53.4	before I left today to go home and eat dinner and go sleep with my family.
0:57.2	But I'll be back here cracking in the morning real early.
1:00.9	We got some cool stuff going on. We have one of the new instructors coming into the office tomorrow to work on his PowerPoint presentation. A lot of cool stuff. I think a lot of you figure out who that's going to be. It's not Mr. Gilmore, it is somebody else. You can guess you probably
1:16.0	figure it out. He'll be here tomorrow working on his PowerPoint presentation so we can get him
1:20.1	scheduled up and running. To do some class for 2018,
1:22.6	but real sharp stuff.
1:23.4	So, but today we talk about 2C colon 2B-16
1:28.1	in New Jersey, persons intoxicated in a public place,
1:30.1	assisted to a facility and determination of intoxication. So there's a case in the case law that comes out and I'm just reading it here. It's Mori versus Palmer, it's New Jersey. It's from 1989. And basically what happens here is a cop from South Times River gets sent to a service
1:44.8	call where the guy drunk in the middle of the street. He manages to get him off the
	...

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