Legal Opinion · Dissent

State v. Terry

Supreme Court of New Jersey

Decided March 14, 2018No. A–23 September Term 2016; 077942Published

1DissentChief Justice Rabner

To safeguard the rights guaranteed by the Fourth Amendment and Article I, Paragraph 7 of the State Constitution, the police must obtain a warrant from an impartial judicial officer before they may conduct a search. In limited circumstances, law enforcement can justify a warrantless search if it is based on a well-delineated exception to the warrant requirement.

The Court today invokes a "driving credentials exception" to uphold a warrantless search of a car for a driver's registration and insurance. Because the doctrine does not rest on solid legal ground, I believe the Court should reconsider…

2Cases cited54 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Coolidge v. New HampshireSupreme Court of the United States · 1971
  5. Ornelas v. United StatesSupreme Court of the United States · 1996

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