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Street Cop Podcast

Searching Trunks for Weapons and Charging Occupants with Drug Offenses

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 27 August 2021

⏱️ 9 minutes

🧾️ Download transcript

Summary

In this older episode, Dennis answers questions on what else to search for inside vehicle trunks as well as charging occupants with drug offenses. Recorded on 07/25/2017. Related Links: Maryland v. Pringle 2003 - https://en.wikipedia.org/wiki/Maryland_v._Pringle?fbclid=IwAR2YcdnnhR0XOi-Md0_xv8ov1wz0s4I3xShG2r8kEjOt-pqimsk0bfSpcuA State of NJ v. Patino (1980) - https://law.justia.com/cases/new-jersey/supreme-court/1981/88-n-j-211-0.html “The discovery of a small amount of marijuana in the passenger compartment gave rise only to an inference that the occupants were casual users, and this furnished no cause to search the trunk where large “Dealer Sized” quantities of drugs would presumably be stored. “In the absence of other circumstances that suggest participation in drug trafficking or possession of more contraband” such a search could not expand beyond the persons of the occupants or the passenger compartment of the car.” Ask for Consent or Call a K9 Unit for a sniff. State V. Letman (1989) Trooper pulls over vehicle and spots plastic bag protruding from under the floor mat containing a 4.6 ounce chunk of a white powdery substance later testing positive for cocaine (Plain View) Both are arrested, read miranda, and agreed to speak, co-defendants lips were quivering when asked about the bag in the trunk and responded that he did not know what the contents were. (364 Plastic Vials used for packaging found) Court said – “These are the very types of circumstances that the Patino court referred to, as providing probable cause to search the entire vehicle including the trunk and the interior of the paper bags in the trunk. Allows an officer, after discovery of contraband, to question a defendant after having read them their Miranda rights. State v. Letman :: 1989 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: U.S. Law :: Justia

Transcript

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0:14.9

One of just answering some of the group members questions they sent to me via message or via email I'm gonna read the questions to the group here and I will

0:18.8

answer them as they came in some of this applies to New Jersey but some people may be able to use this for at a state to see how it applies for your state.

0:26.2

If it works for you guys as well. So the first one I'm going to read is from a guy. I'm not going to keep a pretty anonymous,

0:31.5

but he'll know if he's watching this that it's him that we're referring to because he wrote it in.

0:35.4

And just as aside from the marijuana odor and other factors leading you to believe that there may be a large amount of narcotics in a vehicle,

0:41.2

what else can you check the trunk for?

0:43.4

More specifically, if you find a handgun in plain view, does that give you the trunk?

0:46.9

I had a car stop earlier this week, I'm sorry, earlier this year with a handgun in the passenger

0:51.4

rear seat pocket, pull him out of the car and locate

0:54.3

another one wedged between the driver and center console also in plain view. We did smell

0:58.8

an odor of marijuana, probably not strong enough that was emanating from the trunk, but we did a warrantless

1:02.1

search of the trunk and recovered another one. I know this is a rare case and this probably

1:07.1

will be extremely hard to come across again, but can you argue that since you found

1:11.8

the handgun in plane view there will be more weapons in the

1:14.0

vehicle including trunk and hood. I've gotten away from the consent since the

1:17.5

change but considering that I didn't ask for what do you think so we would not

1:21.1

be having this conversation.

1:22.6

This question would be posed if you did ask for consent to search.

1:25.6

Guys are really weird with it.

1:27.5

They think that William Witts solved every single problem

1:32.0

for law enforcement when it came to PC and searching cars.

1:34.6

Guys, I have to, I implore you to continue to get consent to search even when you have PC

...

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