Tinted Windows / Parked Vehicles / Roadside Questioning

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. 2