Recently a new case came down in New Jersey that has changed what the police need in order to search your car.  Previously, if a police officer suspected something illegal might be in your car, they would need to get a search warrant or rely on an exception to a search warrant (such as finding something in plain sight or having your consent) before they could conduct a search.  This changed after the NJ Supreme Court ruled in N.J. v. Witt back in September 2015.

The New Jersey Supreme Court ruled in Witt that if a police officer stops a car for committing a traffic offense, or other legitimate reason, and upon the stop the police officer has probable cause to believe that the car contains contraband or evidence of a crime, then the police may now conduct a “Probable Cause Search” without any warrant or previously required exception to occur.

Probable cause is defined by the state as meaning that the officer holds a well-grounded suspicion that a crime is being committed or has recently been committed. The standard for probable cause is that any person, given the facts available to the officer at the time, would believe that a crime was or has been committed.

This change has now led to many searches being deemed lawful that were not allowed in the past.  This often occurs when the police stop a car for a driving infraction, and then smell the odor of marijuana.  When this happens, the officer will now have the right in New Jersey to immediately conduct a “Probable Cause Search” of the vehicle, and anything illegal found in the car will typically be allowed to be introduced into evidence at time of trial.

Contact a New Jersey criminal defense lawyer today to schedule a free consultation

If you have been accused of a crime, you need legal representation, regardless of the seriousness of the offense or whether it is your first offense. A criminal conviction can have a significant impact on your life, and an attorney can often help mitigate the consequences that you are facing. To schedule a free case evaluation with New Jersey criminal defense attorney David W. Polsky, call our office today at 973-686-9787 or send us an email through our online contact form.