{"id":7296,"date":"2012-08-23T08:45:41","date_gmt":"2012-06-15T09:51:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-15T09:51:56","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7296","title":{"rendered":"NJ: Auto exception search at police station after vehicle was removed was not unreasonable"},"content":{"rendered":"

The fact that a search under the automobile exception happened at the police station after the vehicle was removed was not unreasonable under the circumstances. “‘[T]he question is not whether the police could have done something different, but whether their actions, when viewed as a whole, were objectively reasonable.'” State v. Minitee<\/a>, 210 N.J. 307, 44 A.3d 1100 (2012):<\/p>\n

Moreover, we do not consider it fatal to the validity of this search that by the time it took place the vehicle had been at police headquarters for some period of time. The difficulties the police faced were exacerbated by the multiple sites that had to be carefully examined for clues with respect to the identity of the perpetrators, the critical need to locate the handgun Baldwin told the police he had discarded when he was on the run, as well as by the fact that the events were not unfolding during normal business hours but, rather, close to midnight and the hours beyond in the dead of winter. The confluence of those multiple factors lead us to conclude that the actions of the police were reasonable under the circumstances. “‘[T]he question is not whether the police could have done something different, but whether their actions, when viewed as a whole, were objectively reasonable.'” State v. O’Donnell, 203 N.J. 160, 162 (2010) (quoting State v. Bogan, 200 N.J. 61, 81 (2009)). It is only searches that are objectively unreasonable that run afoul of constitutional principles. State v. O’Hagen, 380 N.J. Super. 133, 141 (App. Div. 2005), aff’d, 189 N.J. 140 (2007) (upholding requirement that upon conviction defendant provide a DNA sample). Nothing within Pena-Flores would lead us to conclude that the search of this vehicle was objectively unreasonable in the totality of the circumstances.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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