http://www.nj.com/…

The New Jersey Supreme Court heard arguments today over whether to change the circumstances under which police may search cars on Garden State roadways.

State prosecutors argue the current method needs a tune-up because it creates real-world problems for police trying to make decisions in the field. Under current rules, if police want to search a car without first getting a judge’s approval, they must determine that there is probable cause, whether the evidence might disappear and if the safety of the officer or public is at risk.

Instead, the state want to see the state’s high court adopt the method used by the federal courts, which lets police search a car on the belief there is contraband inside.

“It’s a rule that makes sense and is by no means a radical departure of the last 30 or 40 years,” said assistant Attorney General Ronald Susswein.

But criminal defense lawyers say the current system helps preserve important constitutional protections against unreasonable search and seizure.

“There is not a crisis with regard to automobile searches. The sky is not falling,” said assistant deputy state public defender, Stephen Kirsch.

And former Attorney General John Farmer Jr., who represents the Association of Criminal Defense Lawyers — New Jersey , argued the advances in technology have so changed the landscape that there are fewer instances in which a warrantless search is necessary.

During arguments in Trenton, the justices peppered lawyers with questions about the law, such as what circumstances dictate when a vehicle might be impounded in connection with a stop and how the courts have defined the situations in which a warrantless search was okay.

“We’re defining it differently in difference circumstances,” said Justice Barry Albin.

If they really want to search your vehicle they will find a way to justify it. Rarely are you going to get the search found illegitimate by the courts. As with all other situations with police and the threat of a search: Just say no. Then say nothing. Anything, and I mean anything, can and will be used against you. If you are stopped by cops refuse to search you query whether you are being detained, if not ask to leave. Continue with the same questions until allowed to leave.

http://www.nj.com/…

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.