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Street Cop Podcast

Right to Search a Motor Vehicle After DWI

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 22 July 2021

⏱️ 3 minutes

🧾️ Download transcript

Summary

Dennis briefly explains the case law to search a Motor Vehicle after stopping them for a DWI in this throwback episode. Recorded on 02/23/2017.

Transcript

Click on a timestamp to play from that location

0:00.0

One, one another one can't get a way,

0:02.0

a little way.

0:04.0

Uh-huh.

0:05.0

You trying to be a street cop?

0:10.0

You trying to be a street cop? Welcome to today's video. I'm going to go talk about, let's see what it is here today,

0:16.2

State v Ireland 2005. This case will that officer have the right to search a motor vehicle

0:21.1

for open containers after an arrest for the DWI.

0:24.0

I had a guy called me recently about this and he asked me a question.

0:27.0

I said, well, you could just search after, if it was the DWI, you could just search incident to arrest.

0:31.0

I had no idea.

0:32.0

So I'm going to give it to you guys.

0:35.4

The police may lawfully affect the custodial arrest of a motorist when there is probable cause of

0:39.5

a DWI violation.

0:41.0

Incident to be arrest, the police may serve the person of the arrestee and a contemporaneous

0:45.0

warrantless search of the vehicle is permissible.

0:47.4

We hold that these facts are sufficient to support a reasonable well-ground and suspicion

0:51.0

that alcohol was consumed in the vehicle and thus the vehicle

0:53.7

contained open containers of alcohol as well.

0:56.1

Therefore the probable cause prong of the automobile exception is met.

0:59.2

So this also applies.

1:00.8

I got a call on this one time like hey does this count for 450s for

1:04.1

CDS on the influence of CDS and the answer is yes they do you can still

...

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