In this archive episode, Dennis discusses mv warrants and inventory searches. Recorded on 08/22/2017.
State v William Witt 2015 Last, relying on Chambers, we emphasized that “when there is probable cause to conduct an immediate search at the scene of the stop, the police are not required to delay the search by seizing and impounding the vehicle pending review of that probable cause determination by a magistrate.” Id. at 234–35.
State v Ercolano 1979 Police may properly impound a vehicle subsequent to its driver’s arrest when:
1- The driver consents to the impoundment
2- The vehicle, if not removed, constitutes a danger to persons or property or the public safety AND the driver cannot arrange for the alternative means of removal
3- When probable cause exists to believe that both the vehicle constitutes an instrumentality or fruit of a crime and that absent immediate impoundment, the vehicle will be removed by a third party
4- Probable cause exists to believe both that the vehicle contains evidence of a crime and absent immediate impoundment, the evidence will be lost or destroyed
You can verify that the vehicle is uninsured through a third party ie…Calling Insurance Company State v Roberson (1978)
Attorney General Guidelines of Implementation Insurance Fraud Laws June 8th 2004
C.2C:43-2.4 Authority to impound motor vehicles.
1. a. Any law enforcement agency is authorized to impound:
(1) a motor vehicle in which a violation of subsection a., d., or f ofN.J.S.2C:39-5 was committed; (Poss of Machine Gun/Assault Weap.)
(2) a motor vehicle in which possession of a handgun, rifle, or shotgun for an unlawful purpose in violation ofN.J.S.2C:39-4 was committed; (Poss of a weapon for an unlawful purpose)
(3) a motor vehicle in which a violation of subsection b. or c. of N.J.S.2C:39-5 was committed in addition to the motor vehicle being used to commit a separate crime of the first, second, third or fourth degree under Title 2C of the New Jersey Statutes;
(4) a motor vehicle which was used in the commission of any offense under subsection b. ofN.J.S.2C:34-1; (Weapons and Drugs)
(5) a motor vehicle which was used in the commission of an offense under subsection a. of N.J.S.2C:35-10 or subsection a. ofN.J.S.2C:35-5. (Possession and use of CDS and CDS Distribution)