NJ: Police not allowed to fish for evidence in disabled vehicles
Posted on August 17th, 2007 by bile Categories and Tags: Uncategorized, 4th Amendment, Barry Albin, consent search, crime, disabled car facing police officers, Helen Hoens, highway, Jaynee LaVecchia, John Wallace, New Jersey, New Jersey Supreme Court, New Jersey Turnpike, police, police state, property, road, state police, traffic law, Virginia Long, warrantless search, your rights 2 Comments »When police come to the aid of a disabled motorist they face limits in following a hunch to “fish” for illegal activity by searching the vehicle, the New Jersey Supreme Court ruled today.
The court found police acted without proper cause in the case of six people arrested on conspiracy and drug charges after a warrantless search along the New Jersey Turnpike in Edison three years ago.
“The driver of a disabled car facing police officers whose offer of assistance quickly turns into a ‘fishing expedition’ based on a ‘hunch’ that criminal activity is afoot is subject to no less compulsion to accede to a consent search than a driver subject to a typical motor vehicle stop,” wrote Justice Barry Albin, who was joined by Justices Jaynee LaVecchia, Virginia Long, John Wallace and Helen Hoens.
I’m pleasantly surprised by this ruling. While absolutely obvious to myself had I read about this case prior I would have not been sure of it’s outcome. NJ is hardly the most freedom loving state. I’ve had had a few run ins with the state police that were of questionable legality or at least good taste. I’m glad that someone is looking out for the 4th Amendment.
