A law enforcement officer may pull you over to the side of a New Jersey road due to your committing a traffic violation. But once they approach your vehicle, they may ask you to step outside so that they may conduct a drug search. Understandably, you may be confused if they begin to do so, especially if they do not present you with a warrant first. Further, you may be unsure of your constitutional rights in this situation and be unsure of how to act or respond moving forward. If this resonates with you, please read on to better understand your rights during a vehicle search and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, P.C. can defend you.
What are my rights in a vehicle search for drugs?
On March 8, 2023, the New Jersey Supreme Court made a notable ruling in the case of State v. Smart. In short, the court decided that it is legal for a law enforcement officer to conduct a vehicle search without a warrant, for drugs or otherwise, but only if a very specific set of circumstances are met. This is otherwise referred to as New Jersey’s automobile exception. Without further ado, the applicable conditions read as follows:
- A law enforcement officer must have reasonable suspicion of a crime or unlawful activity being committed in the vehicle.
- A law enforcement officer must have probable cause that there is evidence of crime or unlawful activity inside the vehicle.
- A law enforcement officer must have the driver’s permission to search inside the vehicle through voluntary consent.
All of this to say, under constitutional law, you have the right to not consent to a vehicle search without a warrant. Although, you must consider that this may heighten suspicions surrounding your drug offense in your potential, future criminal proceedings.
When can a vehicle search for drugs happen?
A law enforcement officer may pull you over based on already having reasonable suspicion. Or, they may unforeseeably establish this reasonable suspicion during a valid traffic stop regarding an unrelated traffic violation. Put in another way, it may still be considered a valid drug search against you even if the first issue was that you were driving recklessly, possibly driving intoxicated, or otherwise.
However, say that you were not involved in a traffic stop, but rather, an officer knocked on the door of your residential property and presented you with a search warrant. In this case, you must understand that the vehicle parked in your driveway is not considered part of your home, and if they want to search in there as well it would be considered unreasonable. With this, you hold the right to deny them access to your vehicle and any other personal property not explicitly listed on the search warrant itself.
If you need legal representation fast, one of the experienced New Jersey & Pennsylvania criminal defense lawyers is prepared to step up. The team at The Vigilante Law Firm, P.C. looks forward to meeting you, working with you, and helping you.
