State v. Carty

The opinion of the Court was delivered by

COLEMAN, J.

This consensual search and seizure case presents the novel question whether a request to search a motor vehicle, following a valid stop by the police, requires reasonable and articulable suspicion that a search would reveal evidence of criminal wrongdoing. The Appellate Division held that a request for consent absent reasonable and articulable suspicion violated the New Jersey Constitution and reversed the trial court’s denial of defendant’s motion to suppress.

We hold that, in order for a consent to search a motor vehicle and its occupants…