Search Bags BEFORE Transport

Street Cop Podcast

Street Cop Training

Education

4.9 • 967 Ratings

🗓️ 26 August 2021

⏱️ 6 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this classic episode, Dennis explains the importance of searching bags before transporting the subject. Recorded on 07/21/2017. Related Links: State V. Oyenusi 2006 – If you have an arrest with bags or items that may contain contraband you must search them contemporaneously with the arrest so close in time and location that they may be considered “connected units of an integrated incident and part of one single transaction.” Must not be remote in time or place. Once the property is not immediately associated with the person under arrest a search of the property cannot be done as incident to arrest (you will need consent or a warrant). Handcuffs first are OK. https://caselaw.findlaw.com/nj-superior-court-appellate-division/1380703.html?fbclid=IwAR1Ct1JjDQYqrWXFBAYCW-8xM5bsR09bKg-E77e4-KF7jC6Yi-3XVIhzYkI (https://caselaw.findlaw.com/nj-superior-court-appellate-division/1380703.html?fbclid=IwAR1Ct1JjDQYqrWXFBAYCW-8xM5bsR09bKg-E77e4-KF7jC6Yi-3XVIhzYkI) State v. Bradley - https://www.leagle.com/decision/1996792291njsuper5011756 (https://www.leagle.com/decision/1996792291njsuper5011756) State v Mahoney 1988 - This is the case that ruled that station house inventory searches are illegal. It is also noted that defendant did not consent to the inventory search nor was he given the opportunity of making other arrangements for the safekeeping of his suitcase and briefcase. https://law.justia.com/cases/new-jersey/appellate-division-published/1988/226-n-j-super-617-0.html (https://law.justia.com/cases/new-jersey/appellate-division-published/1988/226-n-j-super-617-0.html) State v.Mangold - The Court concluded that "[a]bsent consent or alternative security provisions, an inventory may not be undertaken." Mangold, 82 N.J. at 587. https://www.leagle.com/decision/198065782nj5751384 (https://www.leagle.com/decision/198065782nj5751384) State v. Padilla (1999) - It is improper to search and inventory the personal property of an arrestee without first affording the arrestee the opportunity to consent to the search or the opportunity to make other arrangements for the disposition of personal property. https://caselaw.findlaw.com/nj-superior-court-appellate-division/1348854.html?fbclid=IwAR3dNvqoMHUlIYqEQlnD5U4f6AJKcsqs8475pYcYwMnKMFKPo4uOuegtQxQ (https://caselaw.findlaw.com/nj-superior-court-appellate-division/1348854.html?fbclid=IwAR3dNvqoMHUlIYqEQlnD5U4f6AJKcsqs8475pYcYwMnKMFKPo4uOuegtQxQ)

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	Here's a symbol on that everybody should be employing in New Jersey. This one's
0:14.7	for the New Jersey guys. If you guys want from the rest of the state or country, I'm
0:18.8	sorry, state country, if you guys want to tag along and watch this video, it's great, but it really pertains to
0:23.5	case law at New Jersey and state of New Jersey versus O-Y-N-USI, like a new C, I guess, that's how you say it.
0:31.1	It's 2006.
0:32.1	And we're talking about a couple other cases to
0:33.6	state versus Bradley and what we're discussing is searching bags before you
0:38.6	transport when you have an arrest. Failure to do this will not give you ability to search the bags as incident to back at the
0:48.0	station house when you're supposed to be, when you're inventorying a bag. There's no such thing,
0:51.8	they're not allowed. I know that you're saying, well, our department
0:55.1	SOP says this, we've been doing this for 15 years. I get it. But what happens is if you find something
1:02.4	as search incident to arrest, I'm sorry as a as an inventory search back at your processing center or processing place in your department and you're maybe on video or audio a lot of people do have video and audio, you can't get it on that kind of search or that inventorying without having that a few steps or attempting a few different options before you check that bag.
1:25.8	So I'm going to talk about these things and hopefully this will save some of your cases.
1:28.9	I know guys will say, well, you know, I had this, we charged for it, and went to court, they pled guilty, nothing happened.
1:36.8	I get that happened. It's a very imperfect judicial system. There's something I can do about that. But when somebody gets a sharp enough attorney who catches on to this,
1:46.8	you're going to get it suppressed. I'm sure those guys out there who watch this video who can attest to the fact that they've had this suppressed. So here's what's going to say. If you have an arrest with
1:54.8	bags or items that may contain contraband, you must search them contemporaneously with the arrest so close in time and
	...

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