In this archive episode, Dennis takes a call and answers questions live about mere field inquiry of stopped vehicles and arresting for driving while suspended. Recorded on 07/31/2017.
State v Sloan 2008
Leaving a vehicle to be driven by a passenger or a third party allows you the right to check their driving credentials. (Criminal Wants / Warrants)
This also allowed police officers to run warrant checks of passengers without Reasonable Suspicion.
The police do not need reasonable suspicion before they access the NCIC database.
An NCIC check by the police is not a search under the federal or state constitutions.
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. Sirianni 2002 Judged by this standard, the police officer’s action in requesting identification from defendant required no constitutional justification.
State v Pierce 1994. 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 of the Court Rules 3:3-1(c); 7:2-3(b)