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N.J. court tells police limits on car searches don't apply to homes
Star-Ledger Staff ^ | Thursday, September 21, 2006 | BY ROBERT SCHWANEBERG

Posted on 09/21/2006 3:53:20 PM PDT by 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.

(Excerpt) Read more at nj.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: 4a; 4thamendment; blackrobedthugs; blackrobedtyrants; bozoronewjersey; constitutionalchaos; constitutioninexile; downtheshore; fourthamendment; freekinjersey; gardenstate; gardenstateparkway; govwatch; judicialoligarchy; libertarians; newjersey; nj; njtp; propertyrights; racialprofiling; search; searchandseizure; seizure; sopranos; thegardenstate; thesopranos; whatexit
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To: 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 :)

Thanks. I'm willing to forgo the gild - to a point. I hate people like this and I'm willing to make a substantial personal sacrifice in doing my part to see them gone.
61 posted on 09/21/2006 5:42:12 PM PDT by Jaysun (Idiot Muslims. They're just dying to have sex orgies.)
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To: Beelzebubba
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.)

That's useful information. The school I went to was among the best, but that was never mentioned.
62 posted on 09/21/2006 5:44:26 PM PDT by Jaysun (Idiot Muslims. They're just dying to have sex orgies.)
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To: Jaysun; All

It's 45 minutes long, but WELL worth watching....

http://www.youtube.com/watch?v=3NmC5wHfCdM


63 posted on 09/21/2006 5:56:58 PM PDT by ButThreeLeftsDo (Fight Crime. Shoot Back.)
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To: pandoraou812
A open door is essentially no impediment. Had it been closed, the officer would have been obligated to ask permission to step inside. There was a case in Utah where officers observed an assault in progress through a window. That was ruled as probable cause to enter the premises. If you want privacy, keep the doors closed and the curtains drawn.
64 posted on 09/21/2006 5:57:45 PM PDT by Myrddin
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To: Caramelgal; Jaysun
His superior or the judge will see his demeanor when he responds.
They don't want incompetents or bad apples. They have no desire to waste resources on false leads, much less phony ones.

"I would have been insane if this happened to me "
I'm not a cop but I'd expect untoward emotional behavior to be a sign that further investigation is appropriate LOL! Again it's a matter of judgement of one's demeanor.

It all may have been innocent, or reasonable, but he certainly made an error and Jaysun feels it was "bullying" so it would be to everyone's benefit to complain. If the cop doesn't have a pile of complaints he'll at least be encouraged to improve his skills, so even he would benefit.

65 posted on 09/21/2006 6:00:09 PM PDT by mrsmith
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To: Myrddin
The police need a warrant before they can enter the premises.

Not always true.

66 posted on 09/21/2006 6:07:10 PM PDT by TheErnFormerlyKnownAsBig (Life is tough. It's even tougher when you're stupid.)
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To: Myrddin
When a police officer asks if they can step inside my home, I politely decline and step outside to speak with them.

That happens often at your house, does it?

67 posted on 09/21/2006 6:08:33 PM PDT by Maceman (This is America. Why must we press "1" for English?)
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To: mrsmith
His superior or the judge will see his demeanor when he responds. They don't want incompetents or bad apples. They have no desire to waste resources on false leads, much less phony ones.

"I would have been insane if this happened to me " I'm not a cop but I'd expect untoward emotional behavior to be a sign that further investigation is appropriate LOL! Again it's a matter of judgment of one's demeanor.

It all may have been innocent, or reasonable, but he certainly made an error and Jaysun feels it was "bullying" so it would be to everyone's benefit to complain. If the cop doesn't have a pile of complaints he'll at least be encouraged to improve his skills, so even he would benefit.

One can only hope. In the South, criticized as it may be, such a scenario is most likely.
68 posted on 09/21/2006 6:09:00 PM PDT by Jaysun (Idiot Muslims. They're just dying to have sex orgies.)
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To: Maceman
That happens often at your house, does it?

Yes. My wife works for the police department. I step outside so we can talk without having the Rat Terriers shred an unfamiliar visitor.

69 posted on 09/21/2006 6:12:03 PM PDT by Myrddin
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To: Jaysun
I am a former cop. I would hire a lawyer ask him to obtain all radio, cell, MDT (mobile data terminal) aka "the laptop" if equipped data. The both cops written reports, the dog's NARC certification documentation.If his dog "found something" what was it? Why did the cop not show you? Did he cuff you? There are laws about unreasonably detaining someone.

I used this ploy when I had stop and suspected drugs. I would ask the driver if i could search the car. If he said no, I would show him a newspaper article about a NARC dog from an abutting town PO had. I told the driver I could have the dog here in 8 mins. The driver would then consent to the search or tell me to call. I never had to call. The story is true except it would have taken longer than 8 mins to get the dog and cop on site.

Cops can lie to get to the truth.
70 posted on 09/21/2006 6:14:11 PM PDT by tiger-one (The night has a thousand eyes)
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To: Jaysun

As soon as the cop gets to my window I let him know I've started my stopwatch. They inevitably ask why and I tell them that I just wanted them to know how long I was being detained. After they ask to search and I refuse, when told about the drug dog coming I tell them that if the dog doesn't get there before the time they could have written me a ticket the courts have ruled I'm being detained without probable cause.

I also always ask for the dog's certification papers, etc. Then I insist on filming the search so I can make sure nothing is planted and so I'll have a record of the dog "finding something", which they always do.

Finally I assure them that I'll let the local judges and more importantly, the local defense bar have copies of the tapes.

They usually get pretty pissed off by this point, but that's how I get enjoyment out of life.

Cops lie----don't forget it.


71 posted on 09/21/2006 6:27:38 PM PDT by Founding Father (The Pedophile moHAMmudd (PBUH---Pigshit be upon him))
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To: Gay State Conservative
Never having been a cop,I haven't the foggiest idea of how they think.

We think that me may just catch that criminal who is a little clever. Drives his dope from state to state dressed nicely, in a nice but not "blinged out" car, and even has a child seat in the back. Maybe even a kid.

Wouldn't be the first time.

As far as dogs hitting on a car, dogs don't necessarily claw at something they smell/hit on. Some are trained to sit next to the area. Even some druggie brushing against the door of you car, the guy who had pipe in his back pocket and moved your car on the repair lot a week ago, or even the money in your wallet that some druggie had before you got it in change from the mini-mart can cause the dog to hit on your car.

Then when the officer doesn't find anything you're free to go.

Recent SCOTUS ruling stated that an officer can extend the stop long enough (reasonable time) to have a dog run around the outside of a car looking for drugs.

Agree with it or not, that's the law.

In my state if I even smell fresh or burned dope I can detain aevery person in that car until I know what happened and who had/has the dope.

In every state in the nation, other than mine, an officer can see you driving and think you' re running drugs, see you speeding or have a tailight out, and pull you over for the traffic violation just to try and get reasonable suspicion of another crime.

In my state it is called a pretext stop and is forbidden. I can see 4 guys who I know from previous experience to be gang members, who carry guns regularily, and are known drug dealers, driving in an area that I know they don't live in, at 3 in the morning, and I can't pull them over for the speeding violation to see if they are up to something else.

I have to write the ticket and then find another reason to ask about why they are in the area.

This state puts a high price on civil rights and that's good. It just makes my job tougher.

I had a gal two guys in a car once. Female driver backed into a parking spot and backed into the wall. (that's a collision) Then I saw one of the males do a hand to hand drug transaction. Then when I and my partner contacted them, the first words out of their mouths was, "you're Officer "X," Do you know "Joe?" Well "Joe" had just the day before made threats to kill us and this is where he lived. We had never met these folks before. They didn't know us but for some reason it just popped out of their mouths about "Joe" and our names. We took them out of the car and frisked them. The female had crack in the front of her bra (female officer felt the lump under the front clasp). Car had a gun (illegally carried by a felon) in the front passenger door.

That's a collision, a drug transaction, and two other felonies.

The judge tossed the whole thing because we supposedly had no reason to stop them for the collision because the owner of hte property never made a complaint of property damage. How's that for stupid.

72 posted on 09/21/2006 6:27:48 PM PDT by TheErnFormerlyKnownAsBig (Life is tough. It's even tougher when you're stupid.)
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To: spudsmaki
Flex your rights. The ACLU isn't completely worthless, they have done a couple of useful things.

That was a great video that everyone should watch. Too many people, especially here on FR, naively believe that if you have nothing to hide then you should waive all of your rights.

While the ACLU has unfortunately gone in leftist direction, the country is a much better place thanks to the ACLU standing up to the erosion of our rights and protections.

It would be a great thing for the country if conservatives could work the the ACLU to drop the obsession with affirmative action and nativity scenes and work together to protect our liberties.

73 posted on 09/21/2006 6:34:53 PM PDT by JeffAtlanta
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To: pandoraou812

Man, I hope that never happens to me. I'm straight as an arrow, I don't do drugs, my firearms are registered and I'm honest to a fault. I mean, not a month or so ago, I found an extra 20 in the cash machine at local store and reported it to the owners(no one claimed it after a week, they gave it to me :)).

If a corrupt cop took my cash I can't imagine how I'd react to it. It's funny what happens when a nice guy gets pushed too far. They respond WAY WAY over the top and put a .22-250 round in the skull of the corrupt cop from 500 yards as he's getting out of his car at his house. Not saying that's how I'd react, only someone out of his mind would do such a thing.


74 posted on 09/21/2006 6:41:27 PM PDT by Malsua
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To: Focault's Pendulum

I had an experience when the FBI and Army CID asked to go inside my house to look around, which I politely declined. The individuals were very professional.

More here:

http://www.freerepublic.com/focus/news/560568/posts


75 posted on 09/21/2006 6:43:16 PM PDT by Fury
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To: Myrddin

The door was unlocked, not open. What bothers me is that the fire capt and myself went thru the back gate figuring the cop was following. He chose not to come with us and enter without telling me or asking permission to enter my home. There was no reason whatsoever for him to enter my home as the problem was the outside fireplace in the backyard. That was the reason they were there...my neighbors don't want me to have my fireplace which we use on cooler nights to warm up after using the pool. Had the cop asked I would have said comon in, I have nothing to hide. He was a sneak. Now if he had found something in my home and had no warrant to search what would have happened? Besides me getting arrested? I feel he abused his position as being in law enforcement to come uninvited into my home.


76 posted on 09/21/2006 6:48:07 PM PDT by pandoraou812 ( barbaric with zero tolerance and dilligaf?)
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To: Malsua

Well keep your doors locked or it could happen to you. I too am straight . I allow no drugs or drinking in my home. So I would have said sure come in and go down the back steps. I just found it odd he had to go the long way thru the house and take the time to walk thru my sons rooms. Thankfully they weren't home or I am sure there would have been a problem. I can see it now, my son with his girlfriend and the cop busting in his room. lmao


77 posted on 09/21/2006 6:52:09 PM PDT by pandoraou812 ( barbaric with zero tolerance and dilligaf?)
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To: Focault's Pendulum
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 Constitution says they need a warrant. Anything less than that is unacceptable.
78 posted on 09/21/2006 6:55:12 PM PDT by mysterio
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To: Morgan in Denver

Nope....Chavez is too far to the right for NJ


79 posted on 09/21/2006 6:56:11 PM PDT by Postman
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To: Focault's Pendulum

A total stranger recently showed up at my house, after dark, beligerently demanding to be let in my backyard, where he claimed I was hiding his recently stolen four wheeler. I Called 9/11 ( he did too!), cops came in a couple minutes and suggested I let them have a look in the backyard to settle things.

I said OK, the cop told the guy to wait out front, he and I walked in the yard which was of course empty. The cop was nice enough, apologized and gave the guy a lecture. The guy apologized too.

Don't know if I handled it right, but it worked out OK.


80 posted on 09/21/2006 6:57:40 PM PDT by Sam Cree (Don't mix alcopops and ufo's)
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