Was the Search of My Car Legal in New Jersey?

If you have ever been pulled over in New Jersey, you know the police generally need your consent or a valid warrant to search your vehicle. Although there are some exceptions, the police are not immune to the law. Sadly, law enforcement is banking on you not knowing your rights, so they can legally take advantage of you. Our criminal defense lawyer can clarify what police officers can and cannot do at a traffic stop.

Officers Can Conduct a Warrantless Search in Limited Circumstances

While you may assume there is a simple answer to whether the police can search your car, the issue is more complex. Most vehicle searches require law enforcement to have a search warrant or the driver’s consent. This protection is provided by the Fourth Amendment, which applies to any place where a person has a reasonable expectation of privacy (home, workplace, or vehicle).

Since evidence of criminal activity disappears as soon as you drive away, the law offers fewer protections for vehicle searches. Given this, New Jersey and federal law have an automobile exception, which permits officers to bypass the warrant requirement. As stated in State v. Witt, the circumstances establishing probable cause of contraband or criminal activity must be “unforeseeable and spontaneous.” Additionally, the stopped vehicle must be readily mobile. Examples of “unforeseeable and spontaneous” circumstances that would create probable cause include seeing a bloody knife, a bag of weed, or stolen items inside the vehicle.

Officers Can Search an Arrestee

Probable cause exists when the evidence would lead a reasonable person to believe that a crime was committed and you likely committed or are in the process of committing said crime. If probable cause exists, law enforcement can make a lawful arrest. Following your arrest, the police officer has a right to search your person and your immediate vicinity (your wingspan). Any area you can reach can be searched. This is known as a search incident to arrest and is conducted to preserve evidence and ensure an officer’s safety.

Officers Cannot Force Consent to Search

If there is no probable cause and the police officer does not have a warrant, they may ask you for your permission to search your car. Under no circumstances do you need to consent to such a search. If you do consent, the consent must be voluntary. If the officer coerces you, you can challenge the legality of the search in court.

Officers cannot continue a Search Once You Withdraw Consent.

Even if you initially consent to the search, you do have the right to withdraw consent at any point. The officer must abandon the search the moment you withdraw consent. Your refusal to permit the search from continuing cannot be used as evidence against you.

Speak with Our Defense Attorney

Ending up on the wrong side of the law can be terrifying, especially when law enforcement does not follow proper procedures. At LACE Law, we are dedicated to advocating for criminal defendants and using our resources to help you avoid jail time and hefty fines. If you or a family member has fallen victim to an unlawful search, your first call should be to our Atlantic County criminal defense lawyer. To arrange your consultation, contact our office online or by calling (609) 225-4065 at your earliest convenience.