Call for an Initial Consultation (908) 561-5577

Live Help 24/7

Call for an Initial Consultation (908) 561-5577

Call Now 24/7

What Is The Exception To Warrantless Searches?

by Christopher G. Aiello

Contact Us Now

This field is for validation purposes and should be left unchanged.

A third exception to the search warrant requirement is the automobile exception. The automobile exception to the warrant requirement is established, according to the United States Supreme Court, as follows: “if a car is readily mobile and probable cause exists to believe it contains contraband.” Pennsylvania v. Labron, 518 U.S. 938, 116 S. Ct. 2485, 135 L.Ed.2d 1031, 1036 (1996). Under New Jersey standards, as enunciated by the New Jersey Supreme Court in State v. Colvin, 123 N.J. 428, 437 (1991), no warrant is required when “the police have no advance knowledge of the events to unfold” and there is a need for prompt police action. Thus, New Jersey, the warrantless search of an automobile is permissible if three criteria are met: 1) the stop is unexpected; 2) the police have probable cause to believe that the vehicle contains contraband or evidence of a crime; and 3) exigent circumstances exist under which it is impracticable to obtain a warrant. State v. Pena-Flores, 198 N.J. 6, 28 (2009), citing State v. Cooke, 163 N.J. 657, 667-668 (2000). Under this exception, if the police have probable cause to believe that a particular vehicle contains contraband, they may search the entire vehicle, including any containers that could be expected to contain contraband. United States v. Ross, 456 U.S. 798, 825 (1982); Carroll v. United States. 267 U.S. at 149; State v. Esteves, 93 N.J. 146, 151 (1983). This exception is attributable to the diminished exception of privacy that attends car ownership and use. South Dakota v. Opperman, 428 U.S. 364, 367 (1976); State v. Esteves, 93 N.J. at 504.

If you or your family has had a search of your vehicle or person, without a search warrant being served, speak with a NJ criminal lawyer who is experienced in challenging search warrants and searches without warrants in NJ. The lawyers at Aiello, Harris, Abate Law Group PC have the experience and knowledge to protect your rights and defend you against criminal charges.

Review Our Criminal Trial Preparation Articles

Contact Our Criminal Lawyers Today

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Please consider sharing this

Categories:

About the Author

Christopher G. Aiello

Christopher G. Aiello is a partner at Aiello, Harris, Abate Law Group PC.

Related Posts

Criminal Trial Prep

March 30, 2025

What Is The Consent Search Exception?

by Christopher G. Aiello

Criminal Trial Prep

March 30, 2025

When Does The Right to Counsel Begin With Custodial Interrogation?

by Christopher G. Aiello

Criminal Trial Prep

March 30, 2025

What Are Non-Custodial Sentences?

by Christopher G. Aiello