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NJ: Sufficient exigency shown for automobile exception where confederates or interlopers could get at car

By John Wesley Hall, Jr.

Under New Jersey’s heightened standard of exigency for an automobile search (tied with a preference for telephonic warrants where exigency is lacking), the state showed exigency because of actions of confederates or potential interlopers. State v. Lewis, 2010 N.J. Super. LEXIS 21 (February 8, 2010): We conclude that the facts of this case are closer to the facts in Pena-Flores than to those in Fuller and that, applying the factors relevant to an exigency analysis identified in the Pena-Flores-Fuller opinion, the State made a sufficient showing of exigent circumstances to uphold the search in this case. The stop of defendant's van occurred at night in a Plainfield neighborhood known for high crime and drug sales. As in Pena-Flores, the police had no reason to anticipate in advance that defendants would be involved in drug activity because the targets of their investigation were Courtney and Porter, not defendants...continue to full post

Full post as published by Fourth Amendment on February 09, 2010 (boomark / email).