Understanding Your Rights: Unlawful Vehicle Searches in New Jersey

Facing a drug or alcohol charge is a serious situation in New Jersey because the law carries stiff penalties for crimes, even for first-time offenders. Many of these cases involve searches, and a recent case has significantly impacted what is considered to be a lawful search of a vehicle when it involves prior drug investigations.

If you or a loved one are facing criminal possession charges, you want an experienced and knowledgeable New Jersey criminal defense attorney by your side. Regardless of the level of the charge, there are serious consequences.

Working with a skilled criminal defense lawyer can help you obtain a better outcome for your case, whether it is proving unlawful arrest, negotiating a plea deal, getting charges dismissed, or successfully fighting the charge.

What is the State v. Smart Case in New Jersey?

On March 8, 2023, the New Jersey Supreme Court made a significant decision in the case of State v. Smart. In this case, the Supreme Court addressed the question of whether the automobile exception to the warrant requirement could justify a warrantless vehicle search during a police investigatory stop of a car linked to a narcotics investigation.

Background of the Smart Case

The events associated with the Smart case closely resemble many narcotics investigations. These investigations often start with informant tips, and this case was no exception.

• Roughly a month before the motor vehicle stop, law enforcement received a tip about an alleged drug dealer and the vehicle associated with his illicit activities.
• The informant provided Smart’s name, along with a detailed description of him and a photo of the vehicle involved.
• This information enabled law enforcement to conduct a database search and positively identify Smart, including his prior arrest record.

On the day of the motor vehicle stop, a detective investigating the case was surveilling a known drug trafficking area. He observed Smart entering the vehicle described by the informant and subsequently witnessed what he believed to be a drug transaction.

Actions of Police in the Smart Case

Based on these observations and pre-existing knowledge police had about Smart, a motor vehicle stop was initiated, supported by reasonable and articulable suspicion arising from the detective’s observations.

The driver and Smart were directed to exit the vehicle for questioning and were patted down for officer safety, finding nothing incriminating. The driver declined consent to search the vehicle, and officers called a canine unit to perform an exterior sniff for drugs, which suggested the presence of narcotics. This led to a subsequent warrantless search where both narcotics and weapons were discovered, and Smart was arrested.

Court Ruling

The New Jersey Supreme Court’s ruling was clear, finding the search unconstitutional. The Supreme Court held that to justify a warrantless search of an automobile legally, it must be based on probable cause arising from unforeseen and spontaneous circumstances. Otherwise, law enforcement must obtain a warrant prior to a vehicle search.

What is Considered a Lawful Search of a Vehicle in New Jersey?

To lawfully conduct a vehicle search without a warrant in New Jersey under the “automobile exception” of state law, law enforcement must have:

• Reasonable suspicion of a crime or unlawful activity is being committed in the vehicle
• Probable cause that there is evidence of a crime inside the vehicle
• Permission with a driver’s voluntary consent

Police can also perform a lawful vehicle search at a valid traffic stop (e.g. a traffic violation or DUI/DWI) if they have reasonable suspicion and probable cause of criminal activity which can be established during the stop. The circumstances must be spontaneous and unforeseeable.

What Are the Next Steps if You Suspect Your Car Was Searched Illegally?

Illegal search and seizure stemming from an incident in your car is a violation of your rights. However, these situations are rarely clear-cut. If you find yourself in this scenario, ask yourself the following questions.

• Did the officer harass or threaten me?
• Were you presented with a search warrant?
• Did the New Jersey police officer provide clear instructions about where they were searching and what they intended to find?
• Was there probable cause on the part of law enforcement?
• Did the police search your car based on “feeling” rather than evidence you were in possession of an illegal substance?

Due to the severity of consequences associated with possession crimes in New Jersey, you do not want to face these charges alone. The law office of Lackey & Miller, LLC has extensive experience in these types of cases. We will listen to your side of the story and help determine if an unlawful search incident of your vehicle by law enforcement officers occurred.

How Does the State of New Jersey Protect You in Warrantless Vehicle Searches?

New Jersey protects people against warrantless motor vehicle searches by requiring law enforcement officers to have probable cause. This means police cannot harass and force people into unlawful searches and seizures that violate their rights.

• Must have reason to believe a vehicle contains evidence of a crime (probable cause)
• Probable cause must be “unforeseeable and spontaneous” to justify said warrantless search
• Law enforcement cannot perform a warrantless search of a motor vehicle with the intention of finding a driver’s license or vehicle registration beyond an area those items are usually kept
• Victims of warrantless searches can challenge the incident if they believe it was unlawful

New Jersey’s laws are generally more stringent in protecting individuals against warrantless searches than federal law.

Is a History of Drug Possession Enough for Probable Cause in a Traffic Stop?

Prior convictions do not automatically mean a police officer has probable cause in a new traffic stop in hopes of being able to file additional criminal charges. In other words, they cannot use previous convictions as the sole reason probable cause, only as a factor in a search warrant affidavit. If they do this without a warrant, this can be considered a form of harassment. Individuals with a history of drug possession still have rights under the Fourth Amendment against unreasonable search and seizure.

Why Work with Lackey & Miller, LLC

The legal team at Lackey & Miller, LLC are experienced and accomplished criminal defense attorneys right here in New Jersey. Clients often choose our law firm to represent them in their cases because they know we’ll aggressively fight hard on their behalf.

Our defense attorneys have a collective 20 years of experience as former prosecutors. We fully understand the legal strategies and maneuvers on both sides of the aisle in a courtroom. In a situation where you are subjected to an unlawful warrantless vehicle search, we will work hard to fiercely protect your rights.

Testimonials

“Couldn’t be happier with the outcome of our case. From the initial consultation Jeremy Lackey listened to my concerns in a friendly, caring manner and helped to alleviate the anxiety and worry that I had. I would highly recommend this practice.” – KV.

“Jeremy Lackey is a very competent lawyer. He pays attention to detail and gets results. I was the least cooperative client, and he still managed to get the 15+ year charges against my husband expunged. Would use him for any and all of my legal matters.” – JH.

“Jeremy Lackey is excellent! I was personally very impressed by the communication skills of Jeremy, who represented me in a traffic court case. He was always clear, concise, and respectful in his communication with me. Listened carefully to my concerns and goals and communicated them effectively in court. He also made sure I understood the legal terms and procedures. Easy to reach by phone, email and always responded quickly and professionally. He made me feel more confident and comfortable throughout the process. I appreciate that he handled my case with skill and efficiency and achieved a favorable outcome for me. I would highly recommend Jeremy to anyone looking for a lawyer.” – SM.

Protect Yourself Against Unlawful Search and Seizure

Search-related matters are highly fact-dependent. It is crucial to thoroughly assess all the details and circumstances of any search, particularly a warrantless one, when building a defense against criminal charges.

Working with a defense attorney who is well-versed in New Jersey law is essential. The defense lawyers at Lackey & Miller, LLC will aggressively work to preserve your rights. To obtain a free consultation about your case, call us at 856-399-0089 or fill out our online contact form. We provide legal representation to all New Jerseyans.