Getting ID from Passengers

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Recorded24 Aug 2021

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Show notes

In this older episode, Dennis explains how to ID passengers. Recorded on 07/13/2017. State v Sloane 2008 HELD: During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found. State v Pierce 1994 May a police officer arrest any person who violates, in the officer's 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 IDENTIFICATION and YOU CAN’T FIGURE OUT WHO THEY ARE!) Rules 3:3-1(c); 7:2-3(b) STATE V. LARK The court said, “Where the driver is without a license and persists concealing his identity an officer may then either continue to detain the driver for further investigation or arrest the driver under 39:3-10 (Unlicensed Driver) or 39: 3-29(Failure to provide Documents).” In instances such as this, when a driver is without a license and offers false information in response to a reasonable police inquiry, there exists a sufficient basis for the police officer to detain the driver for further questioning until the officer learns the true identity of the driver Assuming that the driver persists in concealing his or her identity and there appears to be no other reasonable alternative, the police officer may take the driver into custody. Related Links: https://caselaw.findlaw.com/nj-supreme-court/1146795.html?fbclid=IwAR1jaacuDa5m3PCs3vQtOzclkC4r98bKTWC7OlmVz5mK2NqK6PoVfb9RXpM https://law.justia.com/cases/new-jersey/appellate-division-published/1992/257-n-j-super-483-1.html https://caselaw.findlaw.com/nj-supreme-court/1010443.html?fbclid=IwAR0dn1P0YM1ia2q4cEgrO6a-BTCyc6hetBQywDGpIf_SZFX7hpvFuecUQRU

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