Traffic Violation Stops

Oh [Music] [Music] Hey step on it man I told Paul I'd meet him at 4 o'clock this afternoon okay but if I get a ticket you're paying for [Applause] don't worry there no cops that on Sunday [Music] here they come [Music] [Music] and he'll they go [Music] hide that coke instead [Music] some stuff on the front seat put on the back seat [Music] don't look so suspicious [Music] what's a hurry my friend here promised her old man she'd see him by 4:00 what did you see me chasing you what you pull out again for hey officer I already got three speeding tickets I mean if I get another one I mean they're gonna cancel my insurance you shouldn't follow that sooner let me see your driver's license and registration sure I did the registration on the glovebox weed the detention and investigation relating to a minor traffic violation are limited in scope the officer may require the driver to identify himself and to produce his driver's license and vehicle registration certificate in addition the officer may interrogate the driver with respect to violations he has observed I'm sorry officer I I guess I left my license at the store when I cashed a check before there's the registration here's my student ID how's this your current address 23:02 souther month no no I I just moved it's for a tow Northwestern number 43 cars registered in his name you know my buying this bit about his driver's license when we run a warrant check on him when a car is stopped for a traffic violation it is not unreasonable to detain the occupants for a short period of time for the purpose of determining whether there are outstanding traffic warrants against the driver or other relevant information contained in police records you know you better get your driver's license get your address up-to-date I will officer hey do you mind if I sit down go right ahead so what's under the blanket nothing mind if I take a look yeah because there are neither fruits nor evidence associated with an ordinary traffic offense a search of the driver or his vehicle incident to the arrest is unreasonable per se sometimes however a furtive gesture may help support probable cause to search the interior of a vehicle here the officers have observed the passengers hiding objects under a blanket does this furtive gesture itself constitute probable cause to search bathing on no no warrants we're gonna search the car you know I'd like to see those punks gonna need that blanket but we can't search the car the officer is correct a search of the interior of the car would not be permitted the law requires more than a mere furtive gesture to constitute probable cause to search but what if the officers had observed more [Music] Oh No looks like they're moving something with front seat to the backseat [Music] I'm sorry my friend here has to meet her old man by 4 o'clock hey partner what's under the blanket in contrast to the previous situation the officers here have observed more than mere furtive gestures everybody out of a car and keep your hands out in front of you the furtive gestures coupled with their actual observation of contraband are sufficient to constitute probable cause to search the interior of the car idiot I told you to hide the stuff hey baby it's your stuff [Music] ja yes I'm tall boy of this what throws a club I'm a nerd just ran the stop sign sure it in look at his on expired license tablet stop him [Music] blow-ups what's the problem don't you see that stop sign over there you ran right through it so what's your name John G Jacobson the third oh come on you don't stop people for that I mean with all the other crimes in this city your license tab isn't up to date oh hey man I've been working seven days a week you know I haven't had time I'll get one man looks more like been traveling with a circus let me see your driver's license and vehicle registration hope you didn't stop me because I'm a little weird-looking right now can see I just came from a performance in the park say primary you want to run a warrant check on this what you step out of the car oh [ __ ] what's a warrant check a warrant or records check during a routine traffic stop must be a reasonable police effort under the circumstances and may not be based upon mere curiosity there's no local warrants or checking NCIC it looks like everything's gonna be okay look why don't you just write me a ticket and let me go okay we're running a warrant check on you to see if you have a record mr. John Jacobson the third you probably wouldn't have stopped me if I'd look like an ordinary person it seems to me like harassment let's don't give me any lectures buster now what mark I'm a mime and I'm working the park up weekends for extra money a little juggling act huh Patrick's little routines [Music] hey why am I talking to you stop me 45 minutes ago can't you just write me a ticket and let me go courts have held that a 40 minute detention to make a record check when there are no suspicious circumstances other than a traffic violation is impermissible here the driver has been cooperative and has produced a valid driver's license and vehicle registration certificate therefore this detention is illegal because it was prolonged beyond the time necessary to issue a traffic citation he's a registered narcotics offender they don't have his current address mr. John Jacobsen the third I'm placing you under arrest for failing to update your address and their registered narcotics offender turn around and put your hands on the car oh come on this is ridiculous partner you want to check the car [Applause] the region your constitutional rights you have the right to remain silent this search was illegal since the arrest was based on information obtained during an illegal detention the resulting evidence will be inadmissible in court okay seven joints for whites and eight ribs well mr. John Jacobsen the third it's like you won't be having fun of my Park anymore Oh we'll see about that I'm getting a good lawyer and I'm gonna beat this rap turn around put chance behind your back Roscoe sir please your your kids deserve to have these outstanding reference books of course Roscoe thinking of your fine children trying to make it out there in that educational jungle but without you're a fine person and you mean to be a good father I can I know that thank you it's just that to think of them that those fine children so bright in that jungle but what a disadvantage without this fine encyclopedia their whole life ahead of them gotcha literature Rosco and York argh and remember we agreed on 15 minutes you know it de-stresses me how much TV kids watched today it's a devil's tool it destroys their mind goodbye mr. Sims [Music] damn kids TV nobody reads anymore on the hell they hope to compete kids today they don't know Johnny Carson Jimmy Carter [Applause] [Music] what happened officer was there a robbery you're all over the road buddy didn't you see a red lights well yes that's why I pulled out of your way I suppose you were chasing a robber mr. Simms you better step out of the car you're driving pattern your conduct suggests you're intoxicated hang on step over the curb mr. senator give you a field sobriety test very good mr. Simms you're under arrest for driving into the influence and step over the car please and the carbon percent we have seen why a search of the car or driver is unreasonable per se in the case of an ordinary traffic offence here however mr. Simms appears intoxicated go check the back see partner courts have carved out an exception to this rule when a motorist is stopped for driving under the influence of alcohol or other drugs thus the arresting officers may search mr. Simms and his car for evidence which may reveal the source of intoxication that search however must remain reasonable in scope that was in the backseat under the code look I can easily explain that office shirt you see that was my daughter's coat I never saw that bottle before really yes and she has much in fact I saw her yesterday she pressed my coat just yesterday you say yet don't you see that explains the flask I mean it's my flask but I only use it for cough medicine she must have put what I think you're gonna spend the night in jail [Applause] now look this is this is outrageous I want a lawyer I can't spend the night in jail I'm a professional businessman I assure you officers that this can be easily explained you'll have a lawyer and you'll get the opportunity to post bail if you've got it I must remind you officers I am not to be taken lightly and what about my car my samples those volumes are extremely valuable mr. Sam is this cars registered to you can you have your wife pick it up for you she's out of town how about your daughter she's in Iowa but you can't leave it here we're gonna have to have a toad but Mike my samples are in there look it it'll be safe here if it's locked I'll straighten this up at the station I'll come back for it no I'm afraid not they come through here at 4:00 until everything police have the authority to impound a vehicle under proper circumstances here for example mr. Simms car is parked in a towaway zone and cannot be locked and left unattended furthermore when an order was to be taken into custody police may complete an inventory report prior to storage and may list any personal property in plain sight a closed container such as the briefcase could be listed but note that it could not lawfully be opened in the absence of a search warrant they're on our way partners will be here in about five minutes okay besides I don't need any more trouble with the cops it'll be easy we just take Tony's car over to Jack's garage get some lunch while they work on it bring it back what is with this car why do we have to drive this car probably one of Tony's little business deals we both know what kind of business Tony is in come on we drop the car up and get some lunch all right all right great Tony Louis a big favor for this one he can be generous you know [Applause] [Music] [Music] [Applause] [Applause] [Music] [Applause] all right let me see your driver's license okay I was speeding have a little fun with the car just give me the ticket huh yeah I noticed driver's license hey John better take a look at this [Music] not a very good place to store your dope [Music] all right you know the car move around it back by the trunk [Applause] the observation of the marijuana in plain view gave the officers probable cause to search the interior of the car smells stronger net whole shipment we busted last month oh yeah not very much there yeah there's no way that smell could be coming from this Alana weed [Applause] you know it smells like it's coming from somewhere behind the backseat guess we better look in the trunk may they also search the trunk what are you doing looking in the trunk yes even though probable cause to search the interior of the car incident to a traffic stop normally will not justify the search of the trunk in this case the officers can point to specific articulable facts indicating that the trunk contains contraband it has been held that this amount of marijuana in the car coupled with a strong odor of marijuana coming from the trunk area gives probable cause to search the trunk Hey look this isn't even our car I mean that did it see this isn't even our car you know [Music] the detention and investigation for a minor traffic violation are limited in scope it is not unreasonable to detain the occupants for a short period of time to run a warrant check however the warrant or record check must be a reasonable police effort under the circumstances and not mere curiosity unreasonably long detentions where there are no suspicious circumstances other than the traffic violation have been deemed illegal evidence obtained during an illegal detention will not be admissible in court because there are neither fruits nor evidence associated with an ordinary traffic offence a search of the driver or his car is unreasonable per se a furtive gesture alone is not sufficient to constitute probable cause to search the car's interior however furtive gestures coupled with plain view observations of contraband are sufficient to constitute probable cause to search when a driver is stopped for driving under the influence of alcohol or drugs the arresting officer may search the driver and the car for evidence of this source of intoxication when a vehicle is impounded police may complete an inventory report and may list any personal property in plain sight closed containers however cannot be opened in the absence of a search warrant probable cause to search the interior of a car will not ordinarily justify a search of the trunk to justify a trunk search officers must be able to point to specific articulable facts supporting a reasonable belief that the trunk contains contraband [Music]