State v. Sloane 2008

In this archive episode, Dennis revisits the case law of State v. Sloane (2008). Recorded on 03/05/2018. State V. Sloane (2008) - https://streetcoptraining.com/original-caselaw/nj-v-slone-2008/?fbclid=IwAR1fU1xdUaHMRIItmB0kA3Z9-fAxAec62BSXWxz5mjBKohmPLFHEE1QtU10 (https://streetcoptraining.com/original.../nj-v-slone-2008/) We hold that at the time of the stop, the passenger, like the driver, was seized under the federal and state constitutions. We also hold that police do not need reasonable suspicion before they may access the NCIC database. Because the decision to check the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found. We therefore reverse the judgment of the Appellate Division and reinstate defendant’s conviction and sentence. All of those reasons lead to the conclusion that when a police officer conducts a traffic stop of a private vehicle, the passenger as well as the driver are seized under both the federal and state constitutions. That holding is consistent with the majority of state court rulings on the issue. See State v. Bowers, 334 Ark. 447, 976 S.W.2d 379, 380-82 (1998); State v. Haworth, 106 Idaho 405, 679 P.2d 1123, 1124 (1984); People v. Bunch, 207 Ill.2d 7, 277 Ill.Dec. 658, 796 N.E.2d 1024, 1029 (2003), cert. denied, 541 U.S. 959, 124 S.Ct. 1712, 158 L.Ed.2d 399 (2004); State v. Eis, 348 N.W.2d 224, 226 (Iowa 1984); State v. Hodges, 252 Kan. 989, 851 P.2d 352, 361-362 (1993); State v. Carter, 69 Ohio St.3d 57, 630 N.E.2d 355, 360 (1994) (per curiam); State v. Harris, 206 Wis.2d 243, 557 N.W.2d 245, 251 (1996); see also Hickman, supra, 335 N.J.Super. at 634, 763 A.2d 330. But see People v. Jackson, 39 P.3d 1174, 1184-86 (Colo.2002) (en banc); State v. Mendez, 137 Wash.2d 208, 970 P.2d 722, 729 (1999) (en banc). *801 Applying that standard, Sloane was seized at the time of the traffic stop. When Officer Muzyka ordered Moore to stop her vehicle on the suspicion that she was driving with a suspen