Searching Containers in Motor Vehicles After DWI Arrest

Street Cop Podcast

Street Cop Training

Education

4.9 • 933 Ratings

🗓️ 12 September 2021

⏱️ 13 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this archive episode, Dennis answers some questions about containers in motor vehicles to be searched after a DWI arrest. Recorded on 11/06/2017. State of NJ 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 effect 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. This will be allowed for CDS related DWI’s as well. STATE v. IRELAN | FindLaw

Transcript

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0:00.0	One another one can't be out of the way.
0:03.0	Uh-huh.
0:05.0	You trying to be a street.
0:09.0	You trying to be a street cop?
0:10.0	All right guys, what's up? I try to thank everybody to come out to the
0:14.7	N. J. N. A. F. T. O. Today we did a two and a half hour block for
0:18.8	everybody. What people do know who street cop training was. Welcome to the group. I know a lot of you have requested
0:23.9	being in the group already. These are the videos that we give value back to our group
0:27.0	members. We ask for nothing in return. We just want to make sure that guys are
0:29.2	getting to go out and put themselves in a position to win. And we're gonna answer some group questions this evening.
0:34.8	Not that I'm at like loss for what kind of information
0:38.7	to give everybody.
0:40.0	It's just that I want to know what you want to hear and what you're stuck on.
0:43.8	So I have a few things I can go over and I'm going to answer to the best of my ability.
0:48.2	I haven't researched any of these things in books.
0:50.0	I'm going to do it off the top of my head and my general knowledge of what I have.
0:52.3	So first one we have is John Michael concept of unforeseeable and spontaneous.
0:56.0	Call for a suspicious vehicle, possibly smoking CDS, is that a race element and not allow you to do a PC search?
1:01.5	No. And I explained this in the class that I gave today. not allow you to do a PC search, no.
1:02.9	And I explain this in the class that I gave today.
1:05.4	Unf foreseeable and spontaneous,
1:06.8	the only time you lose that is when you have a detective
	...

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