Street Cop Podcast

In this archive episode, Dennis offers tips on how to start highway interdiction, beginning with talking to passengers. Recorded on 02/10/2019.

In this archive episode, Dennis talks about how there are other ways of finding criminal vehicles but also talks about legality. Recorded on 06/13/2018. State v Mandel 2018 - https://law.justia.com/cases/new-jersey/appellate-division-published/2018/a5442-16.html?fbclid=IwAR0Frv8zieD8fO0JQ55mTuHCHKyMjHMRkCsIlzadEF6uCmNqHQosxsHxWIg (https://law.justia.com/.../appellate.../2018/a5442-16.html) Defendant appeals the denial of his motion to suppress the warrantless seizure of a small amount of marijuana from his vehicle. A police officer seized the marijuana after stopping defendant's vehicle for an equipment violation. During the stop, the officer smelled the odor of marijuana coming from inside the car while questioning defendant through the open passenger side window.The State contends the officer's slight intrusion inside the vehicle's window, for the sole purpose of better hearing defendant over the noise of passing traffic, did not constitute a search. Defendant argues it was a search, and that it was unlawful because the officer was not legally in the "smelling area" when he detected the odor of marijuana and developed the probable cause to seize it. Assuming without deciding that the officer conducted a search when he leaned his head inside defendant's open window, the panel concludes that the officer's slight, momentary intrusion inside the car window to hear defendant's responses was reasonable. Consequently, the search did not violate the Constitutional protection against "unreasonable searches and seizures." The marijuana was then properly seized pursuant to the "plain smell" exception to the warrant requirement. The trial court order denying the suppression motion is affirmed. State in the interest of J.A. (2018) Neither exigency nor the hot pursuit doctrine justified the officers’ warrantless entry here. However, defendant’s brother’s actions did not constitute state action and were sufficiently attenuated from the unlawful police conduct to preclude application of the exclusionary rule to the evidence. https://www.judiciary.state.nj.us/attorneys/assets/opinions/supreme/a_38_16.pdf?fbclid=IwAR08RGXB4NENZ79saMFrbDx2hA7veCAURMdnW-_vZHk9uFX3CC_QTndVWZg (https://www.judiciary.state.nj.us/.../supreme/a_38_16.pdf)

In this thrilling and reflective new episode, Dennis interviews Michael Panos and talks to him about what it means to be a survivor in the line of duty. Recorded on 10/18/2021.

In this archive episode, Dennis discusses circumstances where warrantless entry into private property is allowed. Recorded on 01/10/2018. Payton v. New York, 445 U.S. 573 (1980) was a United States Supreme Court case concerning warrantless entry into a private home in order to make a felony arrest. The Court struck down a New York statute providing for such warrantless entries because the Fourth Amendment draws a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not be reasonably crossed without a warrant. The court, however, did specify that an arrest warrant (as opposed to a search warrant) would have sufficed for entry into the suspect's residence if there had been reason to believe that the suspect was within the home. Payton and related case law establish that the principle that a person in a home, particularly his or her own, is entitled Fourth Amendment protections not afforded to persons in automobiles, as per Whren v. United States, or to persons in public, as per United States v. Watson. Constructive Possession and Miranda with multiple passengers in a motor vehicle. Kirk v Lousianna http://caselaw.findlaw.com/la-court-of-appeal/1252149.html?fbclid=IwAR1zLNb9jCIpn1RMVKzeuPeNm654AcRs84IptNCdgpdudnB4k6kcdcc7gJs (http://caselaw.findlaw.com/la-court-of-appeal/1252149.html) US v. Santana 1976 https://supreme.justia.com/cases/federal/us/427/38/?fbclid=IwAR1a7BgeNeEGpxIHnUUH__3ZJX1Ob-5oliGQh9Jh9tyeS8lsVB9S126b8JA (https://supreme.justia.com/cases/federal/us/427/38/)

In this episode of the Street Cop Podcast, host Dennis Benigno, founder and CEO of Street Cop Training, is joined by Marique Bartoldus to discuss the evolving landscape of law enforcement and the importance of strengthening community relationships. Marique, with her extensive experience in law enforcement culture, dives deep into the challenges and opportunities facing today's police departments.

Timestamps:

00:00:00:00 - 00:00:58:07 Teaser 00:00:58:07 - 00:05:15:22 Intro 00:05:15:22 - 00:09:32:04 Marique’s background 00:09:32:04 - 00:14:57:14 How the standards and perceptions of law enforcement have changed 00:14:57:14 - 00:24:55:00 Modern-day NYPD 00:24:55:00 - 01:01:23:09 Modern-day problems in law enforcement 01:01:23:09 - 01:02:47:23 Outro