Stop Questioning Everything Podcast Episode 4 with Special Guest LuLu
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Summary
First published
02/13/2022
Genres
Duration
141 minutes
Parent Podcast
Stop Questioning Everything Podcast
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046 - Questioning Reality and Chinese Fusion
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046 - Questioning Reality and Chinese Fusion
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Tinted Windows / Parked Vehicles / Roadside Questioning
09/09/2021
In this archive episode, Dennis answers a variety of questions regarding tinted windows, parked vehicles, and roadside questioning. Recorded on 09/27/2017. Questioning on an MV STOP May request a motorist’s driving credentials. Should advise the motorist of the reason for the stop. May run a computer check. May ask questions reasonably related to the reason for the traffic stop; **Inconsistent or contradictory answers provided by the vehicle’s occupants may then permit an officer to broaden the inquiry and ask more intrusive questions designed to confirm or dispel suspicions of criminal activity** May issue a citation State v Chapman (2000) http://caselaw.findlaw.com/nj-superior-court-appellate-division/1035452.html?fbclid=IwAR1X5LUDBHV979jXVpi8xKbhZCnw8qljo9qZAqbsJ6bYA_yEzA7w_RPlOIE (http://caselaw.findlaw.com/nj-superior-court.../1035452.html) State v Hickman (2000) The question posed in this case by the officer was “You look really nervous, do you have something on you that you should surrender right now? Any contraband, weapons, anything like that?’ Defendant admitted to it and handed over a bag of cocaine from his shoe. When the police lawfully conduct a motor vehicle stop they may question the occupants, even on a subject unrelated to the purpose of the stop, without violating the Fourth Amendment, so long as such questioning does not extend the duration of the stop. Roadside questioning of a motorist is not transformed into “custodial interrogation” that must be preceded by Miranda warnings simply because a police officer's questioning is accusatory in nature or designed to elicit incriminating evidence. According to the court the brief questioning of the defendant after the lawful motor vehicle stop of the car in which he was the passenger was perfectly valid. Thus, in Berkemer, the Court held that a police officer was not required to give Miranda warnings to a suspected drunk driver before asking him whether “he had been using intoxicants. Similarly, in State v. Toro, 229 N.J.Super. 215, 551 A.2d 170 (App.Div.1988), we held that police officers who observed a package at the foot of a driver stopped for a motor vehicle offense, which they suspected was a container for drugs, could ask what was in the package without giving Miranda warnings. Although the police officers in Toro ordered the driver out of the car and frisked him for weapons before questioning him, we concluded that the questioning was not “custodial”: A traffic stop is presumptively temporary and brief and thus questioning incident to an ordinary traffic stop is quite different from stationhouse interrogation. Miranda warnings may be needed, however, if the totality of the circumstances surrounding the stop "impose a restraint on freedom of movement of the degree associated with a formal arrest." However, this is changed when you smell marijuana with the intention to arrest for the odor. STATE v. HICKMAN | FindLaw
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Permissible Questioning on a Motor Vehicle Stop II
09/02/2021
In this archive episode, Dennis revisits permissible questioning on a motor vehicle stop and surrounding case law around it. Recorded on 08/11/2017. State v Chapman - We are, nevertheless, satisfied that the trooper's initial questions in this case concerning where the defendants had been and where they were going were reasonably related to the reason for the traffic stop http://caselaw.findlaw.com/nj-superior-court-appellate-division/1035452.html?fbclid=IwAR2A6TV5xI63-_jcqxSo0WGlqp3U5KD_BY_nlrkMZf6jteMCS4ZoMgWSFjE (http://caselaw.findlaw.com/nj-superior-court.../1035452.html). State v. Hickman 2000 When there are passengers in a car stopped for a traffic violation, the passengers are subject, as a practical matter, to the same temporary stop as the driver, because passengers do not generally have readily available alternative means of transportation. See Maryland v. Wilson, 519 U.S. 408, 413-14, 117 S.Ct. 882, 886, 137 L.Ed.2d 41, 47 (1997) (“[A]s a practical matter, [in a motor vehicle stop] the passengers are already stopped by virtue of the stop of the vehicle.”); Berkemer, supra, 468 U.S. at 436, 104 S.Ct. at 3148, 82 L.Ed.2d at 332 (“[A] traffic stop significantly curtails the ‘freedom of action’ of the driver and the passengers, if any, of the detained vehicle.”); see also State v. Smith, 134 N.J. 599, 611-19, 637 A.2d 158 (1994); Dickey, supra, 152 N.J. at 483, 706 A.2d 180. Moreover, if a stop for a motor vehicle violation is reasonable, the police do not have to show an independent basis for detaining the passengers, unless the detention goes beyond what is incident to a brief motor vehicle stop.http://caselaw.findlaw.com/nj-superior-court-appellate-division/1000781.html?fbclid=IwAR3IRN7SJ1nQ2d_m8_OMW5oTLa7GFL5iK1f1_i-O8B3758Gl9Xw7mJM4lyE (http://caselaw.findlaw.com/nj-superior-court.../1000781.html)
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S5 EP38: Stop Filming Everything!
03/02/2023
SE5E38 - Stop Filming Everything! In this episode Seann Walsh and Paul Mccaffrey moan about people filming everything, Tax and annoying trends. Please Subscribe, Rate & Review If you would like to join the What’s Upset You Now community and get access to feature length episodes visit www.patreon.com/wuyn where you can support the podcast and get access to full hour long episodes, New sections, ad free guest episodes, An opportunity to be on the podcast and much more!! We have over 60 hours of extended episodes available exclusively to Patreon starting at just £3 a month so come and join the WUYN community Learn more about your ad choices. Visit podcastchoices.com/adchoices
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