Show notes
In this archive episode, Dennis discusses some case laws and offers tips on getting proof of vehicle ownership in the case of being unable to identify the driver. Recorded on 03/23/2018.
State V. Ornette Terry and searching cars in NJ for vehicle documents decided 03/14/18 (NJ Supreme Court). HELD: Sufficient credible evidence supported the trial court’s determination that the defendant was given an adequate opportunity to present the vehicle’s registration before the search commenced. When a driver is unwilling or unable to present proof of a vehicle’s ownership, a police officer may conduct a limited search for the registration papers in the areas where they are likely kept in the vehicle. When a police officer can readily determine that the driver or passenger is the lawful possessor of the vehicle—despite an inability to produce the registration—a warrantless search for proof of ownership will not be justified.
Argued October 11, 2017 -- Decided March 14, 2018 -- Corrected March 16, 2018
ALBIN, J., writing for the Court.
The Court considers whether an officer acted reasonably, in accordance with New Jersey precedents permitting a limited registration search without a warrant and the dictates of the Fourth Amendment and Article I, Paragraph 7 of the State Constitution, when he searched defendant’s glove box.
Union Township Police Officer Devlin observed defendant’s GMC truck run a stop sign and almost strike his patrol car. Officer Devlin activated the overhead lights and siren. Defendant did not pull to the side of the road. Instead, without signaling, he zigzagged back and forth from the right to the left lane in traffic. Officer Devlin relayed the truck’s license plate number to a dispatcher, who notified him that the vehicle was a Hertz rental, which had not been reported stolen. After a half-mile, defendant turned into a gas station where he came to a stop.
Officer Devlin parked his patrol car behind defendant’s truck while a backup police officer in a marked unit pulled in front of the truck, effectively blocking it in. With the other officer beside him and their guns trained on defendant, Officer Devlin repeatedly ordered defendant to show his hands, but defendant made no response. Twenty to thirty seconds later, Officer Devlin opened the driver’s door and commanded that he step out of the vehicle. Defendant did so, leaned against the truck, put his hands in his pockets, and asked why the officers had pulled him over. Although Officer Devlin repeatedly instructed defendant to show his hands, he was slow to comply. The two officers quickly patted defendant down, assuring themselves he was not armed with a weapon.
When Officer Devlin asked defendant for identification, defendant reached into his pocket and presented his license. Officer Devlin next requested that defendant produce the vehicle’s registration and insurance card. Defendant did not respond, “[h]e just stood there with a blank stare on his face.” The officer asked a second time, and defendant “shrugged his shoulders.” Defendant made no non-verbal gestures to indicate that the papers were on his person or in the truck. Finally, Officer Devlin asked defendant whether he owned the truck or had any paperwork for it. Again, defendant did not respond. Officer Devlin went to the passenger’s side of the truck, opened the door, and looked in the glove box—“[t]he most common place” where papers are stored. Although he found no documentation in the glove box, the light from his flashlight reflected against a white object on the passenger’s floorboard. That object was a handgun.
The trial court denied defendant’s motion to suppress. The court found that Officer Devlin “was a reasonable and credible witness” and concluded that because defendant failed to produce the vehicle registration on demand, Officer Devlin had a right to search for the registration, rental agreement, and insurance in the area where such documents are usually kept. The court further...
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