In late September 2015, the New Jersey Supreme Court issued a ruling in State v. Witt that allows the police to search motor vehicles without a warrant during a routine traffic stop. This controversial ruling reverses a rule established by the court in 2009 in State v. Pena-Flores, which required “exigent circumstances” for warrantless vehicle searches. This ruling will no doubt have a significant impact across the board, especially in drunk driving cases.
The Old Standard of Pena-Flores
In Pena-Flores, the court acknowledged the “problems” with the “exigent circumstances” standard. It noted that one issue with the exigent circumstance standard is the difficulty the officer faces in determining whether a situation meet this standard during a routine traffic stop. Now, almost six years later, the same court looked at this standard again in Witts.
The Details of the New Ruling
In State v. Witt, a police officer searched the vehicle of the individual it had just arrested on suspicion of driving while intoxicated. During the search, the officer found a handgun. This warrantless search resulted in a charge of unlawful possession of a firearm. The court ruled that the search was lawful even though the officer did not have a warrant.
This recent ruling, which overturned a previous New Jersey ruling that prohibited warrantless vehicle searches, brings New Jersey in line with the federal standard that allows warrantless vehicle searches, often merely with a showing of only probable cause.
What The New Law Really Means
What the new ruling in Witts really means for the ordinary individual is that in the event you are pulled over for a lawful traffic stop and are arrested on the suspicion of drunk driving, the arresting police officers have a legal right to search your vehicle without a warrant. In other words, they can search your car without court permission and add any additional charges to your arrest, whether it is for possession of firearms, drugs or anything else that may be against the law.
However, just because the law has become more lenient with providing law enforcement with the right to search, it does not mean that you lose your legal rights as well. If you believe that the officer’s conduct was not proper and that your legal rights have been violated, whether for a meritless automobile search or a false drunk driving arrest, it is best to immediately consult with an experienced attorney. A good attorney can help you fight the charges and avoid a conviction that may have significant consequences on all aspects of your life.
Call Us
If you or someone you know has been charged with an alleged drunk driving charge in New Jersey or New York, an experienced DWI attorney can help. For more information or to schedule a free consultation with New Jersey drunk driving attorney Dan T. Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404. One call can make a big difference.
