State v. Terry
Supreme Court of New Jersey
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
- Terry v. OhioSupreme Court of the United States · 1968
- Katz v. United StatesSupreme Court of the United States · 1967
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Ornelas v. United StatesSupreme Court of the United States · 1996
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