NJ Supreme Court Overrules Itself on Warrantless Car Searches

In class, we discuss the Fourth Amendment as it pertains to a variety of searches and seizures by government actors. Even though the New Jersey analog is practically identical to the federal Fourth Amendment, the New Jersey Supreme Court has interpreted more protections for privacy than the United States Supreme Court has under the federal amendment.

In a recent case, the New Jersey Supreme Court overturned a prior 2009 decision requiring police officers conducting an automobile search to have probable cause and exigent circumstances, such as time constraints and safety concerns, and obtain a warrant from a judge prior to the search. The court held  officers now merely have to have probable cause to conduct the search–a retreat to the federal standard.

From time to time, courts will break with stare decisis when circumstances permit. The decision in this case, however, drew criticism from two of the Justices and the defense bar. Justice LaVecchia wrote in her dissent, “‘One can only wonder why the State and the majority of this Court find it appropriate to turn from the progressive approach historically taken in this State to privacy and constitutional rights of motorists.’”

But the court held the old standard was “unworkable.” Police were required to get a telephonic warrant in these circumstances; yet, many of them resorted to merely getting the owner of the vehicle to sign a “consent form” for the search instead of calling a judge.

Justice Barry T. Albin, writing for the majority held the standard applied in the 2009 decision “does not provide greater liberty or security to New Jersey’s citizens and has placed on law enforcement unrealistic and impracticable burdens.” The court found that the 2009 standard had the “unintended consequence” of causing an “‘exponential increase in police-induced consent automobile searches,’” suggesting officers may be pressuring drivers to volunteer for searches instead of taking the time to obtain a warrant.

“‘The heavy reliance on consent searches is of great concern given the historical abuses associated with such searches and the potential for future abuses,’” Justice Albin wrote.