Ep #379 Can NJ Police Officers Search a Parked and Unoccupied Vehicle with PC?

Roadside Chat: Can NJ Police Officers Search a Parked and Unoccupied Vehicle with PC?

In this video, Anthony Bandiero talks about parked and unoccupied vehicles encountered by police in public parking lots.

“This exception applies to situations involving parked and unoccupied vehicles encountered by police in public parking lots or on city streets as well as to moving vehicles stopped on the open highway.”
State v. Martin, 87 N.J. 561, 567 (1981).
State v. Eustache, No. A-0726-18T4, 2020 WL 6572791, at *3 (N.J. Super. Ct. App. Div. Nov. 10, 2020) (footnote)

The “inherent mobility” of motor vehicles has long been cited as one of the rationales supporting the creation of the automobile exception. Witt, 223N.J. at422-23; Rodriguez, 459 N.J. Super. at 20-21. However, in order for the exception to apply, all that is required is probable cause that arose under “unforeseeable and spontaneous circumstances.” Witt, 223N.J. at450. Indeed, our Supreme Court has held that “where police have probable cause to believe that [a] vehicle contains contraband or evidence of criminal activity[,]” a warrantless search under the automobile exception is permissible even if the vehicle is parked and unoccupied. State v. Martin, 87 N.J. 561, 567 (1981). Therefore, we discern no basis for disturbing the trial judge's denial of defendant's suppression motion.
State v. Williams, No. A-3746-18, 2021 WL 560758, at *3 (N.J. Super. Ct. App. Div. Feb. 16, 2021), cert. denied, 246 N.J. 238, 249 A.3d 870 (2021)

Judge John T. Kelley entered the order and rendered a comprehensive oral decision setting forth, in great detail, the facts, procedural history and legal standards applicable to defendant's PCR. Briefly summarizing, on January 30, 2013, defendant was arrested immediately following a robbery of Oxycodone at a Walgreens Pharmacy in Winslow Township. Ten to fifteen minutes after the robbery, a Walgreens manager positively identified defendant whom police officers detained in the parking lot of a McDonald's located approximately 300 feet from the Walgreens. Defendant's wife consented to a search of the Serrano's vehicle while it was parked in the lot. Three bottles of Oxycodone were seized from a large-sized jacket located in the back seat of the car. The Walgreens pharmacist positively identified defendant, and the Oxycodone as the drugs defendant demanded from him during the robbery.

In sum, we agree with the judge that a motion to suppress the evidence seized from defendant's automobile, and a motion to suppress the victim's out-of-court identification, would have been futile.... In particular, the automobile exception to the warrant requirement, see Statev. Witt, 223N.J. 409, 450 (2015), and the consent to search exception, see State v. Carty, 170 N.J. 632, 635, modified, 174 N.J. 351 (2002), formed two independent bases to search defendant's jacket.
State v. Serrano, No. A-0394-17T1, 2018 WL 5532484, at *1 (N.J. Super. Ct. App. Div. Oct. 30, 2018)

--

If you like this video, don’t forget to like and subscribe to our channel for more legal updates!

—

Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.

🚨 Have a search and seizure question in mind? Send it here and have it answered by Anthony: https://www.bluetogold.com/show

Blue to Gold Training:
➜ Class Schedules - https://www.bluetogold.com/calendar
➜ On-demand Training - https://university.bluetogold.com/
➜ Free Legal Training Webinar - https://www.bluetogold.com/calendar?c...
➜ Book Store and Training Materials - https://www.bluetogold.com/store

CONNECT WITH US:
🌍 Facebook - https://www.facebook.com/bluetogold
📸 Instagram - https://www.instagram.com/bluetogold
🐦 Twitter - https://twitter.com/bluetogold
🎥 TikTok - https://www.tiktok.com/bluetogoldtrai...
💌 LinkedIn - https://www.linkedin.com/company/blue...

#LawEnforcementTraining #PoliceTraining #LegalEducation #parking #parkedcar #carsearch