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New Jersey Supreme Court Enhances Warrantless Auto Searches

Date: October 26, 2015

Attorney James Abate gives his opinion about Roadside Search article in www.TheNewsPaper.com.

The day after this decision, I consulted with a client who been a victim of a roadside search.  She said the police laughed and said “if this had happened yesterday, we would have needed a warrant.”  This is nothing more than the police creating an excuse why it could not abide by the procedures laid out by the courts. The idea that police were being forced to coerce people into volunteering to consent is of no moment.  Stop the police from coercing consent and keep the warrant requirement!

This will have a great deal of impact for any defendant that is pulled over by the police. There will not even be consent to search.  Just a showing of probable cause.

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About the Author

Attorney James A. Abate practices Criminal Defense, DWI Defense, Business Litigation, Real Estate & Personal injury cases in Union County, New Jersey.