CDS on Passenger and PC to Search Motor Vehicles

In this archive episode, Dennis explains CDS on a passenger in a motor vehicle may not give you PC to search the car under certain circumstances. Recorded on 08/14/2017. State of NJ V. Larry Wilson State of New Jersey v. Larry D. Wilson http://law.justia.com/cases/new-jersey/supreme-court/2003/a-49-02-opn.html?fbclid=IwAR2eSquaKb5k95GGNY6I6ijk_14oANcbo3H6hy0OU8Xj-DKvMdzv2KSdJpM (http://law.justia.com/.../supreme.../2003/a-49-02-opn.html) In this appeal, the Court is asked whether the State has satisfied its burden of demonstrating the validity of a warrantless automobile search. On February 30, 1999, at approximately 12:26 a.m., two officers in a marked police vehicle were patrolling the area of Union Avenue and Jasper Street in the City of Paterson. One of the officers observed a vehicle with a passenger suspected of having outstanding arrest warrants. The driver parked the vehicle on Jasper Street and the officers observed the defendant exit the vehicle. There was no indication that either of the occupants was aware of the marked police vehicle. Upon observing defendant and confirming the officer's belief that he was the person for whom the warrants had been issued, the officer called to defendant. Defendant walked towards the patrol vehicle and the officers arrested him based on the arrest warrants. Defendant had his hands inside his jacket sleeves and, in order to handcuff him, the officers asked that he remove them. Upon removing his hands out of the sleeves, one at a time, the officers observed packets suspected of containing controlled dangerous substances drop to the ground. The packets were later determined to contain marijuana and cocaine. After arresting defendant, placing him in the patrol vehicle, and retrieving the suspected drugs from the ground, the officers approached the driver. The driver produced valid driving credentials. While one of the officers questioned the driver, the other officer continued searching the grounds for any other drugs and also opened the unlocked passenger door