In back-to-back appeals, a New Jersey Court further limited police officers' ability to search automobiles in a August 16 published decision. Known as the "automobile exception", in certain limited instances, police can search motor vehicles for contraband, weapons, illegal drugs and evidence without a warrant.
As a general rule, police officers can only search an automobile, whether operated or parked, when the stop was unexpected, when the police have good reason to believe the car contains evidence of a crime and when there are exigent circumstances. Usually, exigency exits when there is a risk that evidence will be lost, destroyed or improperly disposed of-- in other words, when the suspects or their accomplices might remove or ditch the evidence.
The August 16 decision involved a motor vehicle that had been taken into custody by impoundment, after one armed robbery suspect had fled of foot, another suspect was arrested on outstanding warrants and yet another was detained for questioning.
The key to understanding this case is to underscore two facts. That is, the suspects were out of the vehicle, either gone or detained, and the police had secured and impounded the suspect vehicle. So, no exigency existed.
The Appellate Division ruled that the police clearly had the time and the opportunity to get a warrant, whether by telephonic or traditional means.
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