Length of detention following a traffic stop Part 2

I am going to continue to discuss traffic stops and the associated length of detention allowed under New Jersey law. As I stated earlier, a traffic stop is considered reasonable if it lasts no longer than is necessary to effectuate its purpose. In fact, if the motor vehicle has been subject to a valid stop, the police may question the occupants even on a subject unrelated to the purpose of the Continue Reading...

When does Miranda apply?

It is now established that a detention which occurs during a motor vehicle stop by the police constitutes a seizure within the meaning of the Fourth and Fourteenth Amendments to the United States Constitution. The question remains whether there is a requirement for the police to inform motorists of their Miranda right to remain silent during a motor vehicle detention. This question was answered in Continue Reading...

When does Miranda apply? Part 2

Although a police officer is under no obligation to inform a detained motorist of the right to remain silent (one of the famous Miranda rights), does a driver have the right to remain silent during a traffic stop in New Jersey? In Terry v. Ohio, the Supreme Court held that a person being detained for criminal investigation is not obligated to respond to the questions of the police. Terry v. Ohio, Continue Reading...

Examining the Two Prong Test for the Automobile Exception in NJ

In determining whether the state has met the two pronged test under the automobile exception to the warrant requirement, the first issue that must be proven is probable cause (prong one of the analysis). The state will be required to show that the police officers conducting the search possessed a well-grounded suspicion that the vehicle contained either contraband or evidence of a crime. The state Continue Reading...