N.J. court tells police limits on car searches don't apply to homes

Star-Ledger Staff ^ | Thursday, September 21, 2006 | BY ROBERT SCHWANEBERG

[Focault's Pendulum]

In New Jersey, one's home is not one's castle after all. The real castle, it turns out, is the car.

The New Jersey Supreme Court ruled 4-3 yesterday that police do not need a reason to ask permission to search someone's home.

The same court four years ago issued rules saying police must have a good reason before asking motorists if they can search their cars.

Yesterday the court said the rules for cars -- which prohibit police from asking motorists if they can conduct a search unless they have "a reasonable and articulable suspicion" of criminal activity -- are designed specifically to combat racial profiling on the state's highways and do not apply to searches of homes.

[meyer]

He ordered me out of the car, searched me, and proceeded to search the vehicle. This took him about 30 minutes. Upon finding nothing he said I was free to go.

I'd certainly consider getting a lawyer. Trumped-up false dog-sniffing BS isn't probably cause - it's harassment.

[packrat35]

Standard practice in TN for out-of-state drivers. Were you on I-40? They call it the drug corridor.

They always claim the dog senses something as an excuse to search if you refuse. I agree its BS. Especially bad if you got Texas tags.

[Focault's Pendulum]

"The Constitution protects against unreasonable searches and seizures and against coerced waivers of constitutional rights,"

Let's think Tax assessors

[JoeFromSidney]

And what is my recourse? I'd spend thousands to set the bastard straight.

Sitting on a jury is free (well, you do lose time and pay). But when the cop is on the witness stand, or better yet the defendant, there's your chance for revenge.

I'm really surprised that cops go out of their way to piss off the kind of people who sit on juries.

[Thinkin' Gal]

Thread of interest ping.

[Jaysun]

Happens all the time. You will NOT successfully balk a police officer if he really wants to screw with you. The best you can hope for is he's just an @sshole, not a corrupt @sshole.

In that case, you're going to need a VERY good lawyer and a lot of cash.

In terms of lawyers I've the best the SE has to offer. In terms of cash I have perhaps $150,000 for this prick. I'm not sure he's worth more.

[Jaysun]

Rest assured that I'm not defending what they did.All I'm doing is suggesting why they might have done it.Of course,if my assumption about the financial incentive is wrong,then my theory goes out the window.

Never having been a cop,I haven't the foggiest idea of how they think.

Understood. Some are simply overcome with a sense of "power".

[ARealMothersSonForever]

They always claim the dog senses something

That is the truth. Something that most US citizens are unaware of is that the dogs are trained in a foreign language. I posit that if the judge or magistrate does not speak German or Czech, he does not know what the dog is hitting on. Therefore, the handler is the arbiter of justice on the roadside; and in your house. How can a citizen be reasonably expected to interview (face the accusation) of a dog that is trained in a foreign language?

[Jaysun]

It's called civil forfeiture. Same thing that allows them to seize accused drug dealers' homes, cars, boats or other property. It doesn't require a court ruling for them to be able to do it. And, in order to get it reversed, the burden of proof is yours. All sanctioned by SCOTUS, of course.

The SCOTUS should be burn to rubble in my rather irrational and humble view.

[Jaysun]

"But if you do not have anything to hide, why complain". The drug warriors will be here shortly to beat you down and show the error of your ways. BTW, in the event that you are so detained in the future and requested to get out of your vehicle; may I suggest that you ask to go before a magistrate. The time involved is about the same. And your name does not get "in the book". Every NCIC check from this point forward will reflect your misfortune. Unless you take action at your own expense. Good luck.

Thanks for the advice. I hope to never have to use it.

[Jaysun]

It's free to file an administrative complaint, or contest the ticket and complain to the judge. That keeps this behavior down.

Of course since you were "not from around here" the cop wasn't worried about that.

I'm to meet with my lawyer tomorrow. Your advice will come in handy. Thanks.

[Ghost of Philip Marlowe]

I suspect the American Communist Liberties Union will remain noticeably silent on this one, as it may appear to dilute the protection of civil liberties for minorities if they extend those liberties to everyone's home -- just as they are conspicuously silent in defending the Second Amendment.

[dinasour]

> No MAY to it.

I know. So much we need to change.

[Fudd Fan]

The New Jersey Supreme Court ruled 4-3 yesterday that police do not need a reason to ask permission to search someone's home.

So warrants go out the window? I don't think so.

[Caramelgal]

I hope I’m wrong but the judge may rule that the dog gave the smug cop probable cause even if the police puppy sniffed out your stash of beef jerky and not your stash.

This is why I never carry beef jerky on my body or keep it in my car. I also really hate beef jerky.

Seriously. I would have been insane if this happened to me and although I don’t care much for the ACLU, they do come in handy for this sort of thing sometimes.

[NonValueAdded]

Just ... damn!!! It's ... damn!!! must . respect . terms . of . service ... those justices ... damn!!!

[NonValueAdded]

If you are willing to invest the time and possibly some geld, file a complaint with his department and with the county attorney. It might turn out that yours isn't the first. And, oh yeah, don't ever drive through there again unless your lawyer is physically in the car with you :)

[Jaysun]

This is why I never carry beef jerky on my body or keep it in my car. I also really hate beef jerky.

Seriously. I would have been insane if this happened to me and although I don’t care much for the ACLU, they do come in handy for this sort of thing sometimes.

There was no beef jerky or anything of the sort. And I'd rather have my eyes pecked out by hummingbirds than use the ACLU for anything. It's a long shot, but we'll try tomorrow. Thanks.

[Caramelgal]

If the 4th Amendment has any meaning at all then yes, some bad guys are going to get away. I'd rather accept that risk than live in a police state.

Amen brother, Amen!

When some scumbag’s Constitutional rights are trampled, mine are in equal peril.

Although sometimes there is a fine line between letting the obviously guilty off on silly technicalities defying all common sense and a reasoned, Constitutionally minded judiciary.

But then when was the last time reason, common sense or the Constitution meant anything to most judges.

[Atlas Sneezed]

He then insisted on having his dog walk around the outside of the vehicle, after which he said that something was indeed found and another unit was on the way to assist him.

---

You need to know the magic words: "Am I being detained? You have no reasonable suspicion that a crime has been committed. I wish to leave. Am I free to go, or am I being detained?"

Then, if the trouble persists, repeat frequently:

"Am I free to go, or am I being detained?" "What is your reasonable suspicion?"
"Am I free to go, or am I being detained?" "What is your reasonable suspicion?"
"Am I free to go, or am I being detained?" "What is your reasonable suspicion?"

(If public school did their job, everyone would know this.)