Elasticity and its Application

Release Date: 09/12/2021

Description: In this archive episode, Dennis answers some questions about containers in motor vehicles to be searched after a DWI arrest. Recorded on 11/06/2017. State of NJ v. Irelan 2005 - This case ruled officers have the right to search a motor vehicle for open containers after an arrest for DWI. (1) the police may lawfully effect a custodial arrest of a motorist when there is probable cause of a DWI violation; (2) incident to the arrest, the police may search the person of the arrestee; and (3) a contemporaneous warrantless search of the vehicle is permissible We hold that these facts are sufficient to support a reasonable well-grounded suspicion that alcohol was consumed in the vehicle, and thus the vehicle contained open containers of alcohol. Therefore, the probable cause prong of the automobile exception is met. This will be allowed for CDS related DWI’s as well. STATE v. IRELAN | FindLaw

Explicit: Yes

Release Date: 07/22/2021

Description: Dennis briefly explains the case law to search a Motor Vehicle after stopping them for a DWI in this throwback episode. Recorded on 02/23/2017.

Explicit: Yes

Release Date: 08/30/2021

Description: In this archive episode, Dennis explains case laws around post DWI arrest vehicle searches. Recorded on 07/28/2017. The wording in Witt and Alston and touching on searching post DWI... State V. Irelan 2005 This case ruled officers have the right to search a motor vehicle for open containers after an arrest for DWI. (1) the police may lawfully affect a custodial arrest of a motorist when there is probable cause of a DWI violation; (2) incident to the arrest, the police may search the person of the arrestee; and (3) a contemporaneous warrantless search of the vehicle is permissible We hold that these facts are sufficient to support a reasonable well-grounded suspicion that alcohol was consumed in the vehicle, and thus the vehicle contained open containers of alcohol. Therefore, the probable cause prong of the automobile exception is met. http://caselaw.findlaw.com/nj-superior-court-appellate-division/1053523.html?fbclid=IwAR1Wobi-Feo2rlkqto96XloXCkcmXv7b_StBufigGMh7D10cl2fhqTHppns (http://caselaw.findlaw.com/nj-superior-court.../1053523.html) This will be allowed for CDS-related DWI’s as well. http://caselaw.findlaw.com/nj-superior-court-appellate-division/1053523.html?fbclid=IwAR0B3eAbqwBoUT-lk7vVI-YDoOL5wiovktieomzRYTRDE_IJ5v_0NlXiH3Q (http://caselaw.findlaw.com/nj-superior-court.../1053523.html) Significantly, we also made clear in Alston, supra, that merely because “the particular occupants of the vehicle may have been removed from the car, arrested, or otherwise restricted in their freedom of movement,” police were not required to secure a warrant. 88 N.J. at 234. http://caselaw.findlaw.com/nj-supreme-court/1713839.html?fbclid=IwAR0BAfHimAZjS-dRixHCQ916OwmUzbXXexeun81tw-ViWgHkHNYMWOnRk64 (http://caselaw.findlaw.com/nj-supreme-court/1713839.html)

Explicit: Yes

Release Date: 12/18/2020

Description: When a Florida man was pulled over for his third DWI and given a prison sentence, he never expected he'd come out missing body parts. Enter the urologist from Hell, Dr. Paul Perito. Listener discretion, especially those in possession of...um...certain Y chromosome related physical attributes is advised.

Explicit: Yes