Passenger in Possession or Warrant

In this archive episode, Dennis discusses what happens when a passenger is in possession of prohibited narcotics or has a warrant for arrest. Recorded on 12/09/2018. State of NJ v Wilson 2003 (NJ Supreme Court ruling on whether a passenger discovered to have narcotics on their person was enough to return to a vehicle and conduct a warrantless search.) https://scholar.google.com/scholar_case?fbclid=IwAR2CB1qTivMKntq2D8UGiY5ucqTsWZG_rzHnUsPZRUzbDMlGJpOTseS5hCs (https://scholar.google.com/scholar_case)… This case was flawed for several reasons. However, the NJ supreme court determined that there would be no bright line rule barring this from occurring and that it would be determined on a case by case basis. It was flawed on not taking the extra steps to explain why the officer believed that there might have been more in the vehicle. This single action would have saved the case and will save cases like it in the future. Remember my golden rule: When in doubt ask for consent, call for a K9, or apply for a search warrant. Following this steps in order are not only critical to saving your case but are listed in and order that makes the most sense. Case Quoted: In avoiding bright-line pronouncements in this area of law, we continue to believe that "courts must consider the totality of the circumstances, without focusing exclusively on any one factor, in considering whether probable cause has been established." Sullivan, supra, 169 N.J. at 216, 777 A.2d at 67; see also Holland, supra, 176 N.J. at 362, 823 A.2d at 49 (observing that "[o]ur case law generally has eschewed per se rules" in search-and-seizure context). Those or similar suspicious circumstances are absent in the case before us. In that respect, the Appellate Division concluded correctly that the following factors militated against a finding of probable cause: The ... vehicle committed no motor vehicle violation. There was apparently nothing suspicious about the car itself. The car stopped on its own initiative, not at police request. The occupants