NJ: When an officer asks for a DL and registration, he can only go looking for it if the owner refuses or can’t

“[T]he trooper was required to provide defendant with the opportunity to present his credentials before entering the vehicle. If such an opportunity is presented, and defendant is unable or unwilling to produce his registration or insurance information, only then may an officer conduct a search for those credentials. Because defendant was never provided with such an opportunity, we find that the trooper did not lawfully seize the contraband under the plain view doctrine. We also find that the community-caretaker doctrine is inapplicable because there was no need for an immediate warrantless search to preserve life or property.” State v. Keaton, 2015 N.J. LEXIS 816 (August 3, 2015)

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