Title 39 Arrests

Street Cop Podcast

Street Cop Training

Education

4.9 • 933 Ratings

🗓️ 14 September 2021

⏱️ 22 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this archive episode, Dennis discusses arrests on Title 39 violations. Recorded on 11/09/2017. May a police officer arrest any person who violates, in the officers presence, any provision of Chapter 3 or 4 of title 39? No, although 39:5-25 imposes no limits on an officer’s authority to arrest for traffic offenses, the statute not be read literally. There are “Other sources of law” that suggest that an officer’s authority to arrest under 39:5-25 is, and should be, restricted to those offenses in which , “AN ARREST IS NECESSARY TO PROTECT PUBLIC SAFETY OR TO ASSURE THAT THE OFFENDER WILL RESPOND TO A SUMMONS!” (SOMEONE WITH NO IDENTIFCATION and YOU CAN’T FIGURE OUT WHO THEY ARE!) Court Rules 3:4-1; 3:3-1(c); 7:2-3(b) which set forth guidelines for officers who have made warrantless arrests in determining whether to apply to the court for a summons or an arrest warrant. 1. GENERAL RULE: A mere inquiry needs NO constitutional justification. A law enforcement officer needs no constitutional justification to approach an individual on the street or in another public place and ask if the individual is willing to answer some questions, and to ask the individual questions if he is willing to listen. See Florida v. Royer, 103 S. Ct. 1319 (1983.); State v. Davis, 104 N.J. 490 (1986).

Transcript

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0:00.0	One, one, I can't be out of the way.
0:03.0	Uh-huh.
0:05.0	You trying to be hot.
0:07.0	You trying to be a street cop?
0:10.0	I'd be answering some group questions today. I put up to try to do that daily. If you guys really want something answered, just write in and I will get to that subject and rather than give you something you don't need, I'd rather help everybody
0:23.5	understand what they're questioning about or what they're wondering.
0:27.2	A lot of times get confused with some of the things they're seeing here on these videos, and I'm really trying to be clear for everybody.
0:32.2	The first thing we're going to do is make a phone call to a guy who wrote into me
0:35.2	within about five minutes ago, it was good timing, and he has a question, so I'm going to
0:39.1	call from a different phone or actually do on Facebook Live from my phone.
0:42.1	Let's see, put him on speaker. different phone or actually do on Facebook live from my phone.
0:42.8	Let's see, put on speaker.
0:44.0	It says calling.
0:48.0	There we go.
0:49.0	Let's see what his question is.
0:50.0	We can answer it. but we're Facebook live because I'm doing it for myself. So dude, pop the question. I know that I gave you a brief answer before, but I'm going to try to go into detail for you and I'm sure that if you're asking this question, it can be valuable for everybody in the group. So, again, it's a little it's a little bit of a
1:13.9	a cliche conversation because I'm trying to clarify for other people who are not engaged in what we've already
1:19.2	previously talked about.
1:20.2	Absolutely. How do you want to phrase the question? Just, hey, you know, guys make a pet stop lawfully, you know, if
1:25.4	guy doesn't have ID on them, this is the name, can they still search them legally for ID?
1:30.3	Okay, so when you say a pet, so like a lot of times when questions are posed, it's hard to try to like, without me being there if this is an actual situation, like what's the surrounding circumstances, what's the totality of the circumstances like is it a
1:42.8	ped stop though you guys literally just stopping and harassing people like to get
	...

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