State v. William L. Witt(074468)

In this appeal, we are called on to determine whether the constitutional standard governing an automobile search in State v. Pena-Flores, 198 N.J. 6, 965 A.2d 114 (2009) is unsound in principle and unworkable in practice.

In Penar-Flores, supra, 198 N.J. at 28, 965 A.2d 114, a deeply divided Court reaffirmed its departure from the standard for automobile searches set forth in State v. Alston, 88 N.J. 211, 233, 440 A.2d 1311 (1981). In Alston, we determined that a warrant-less search of an automobile was constitutionally permissible, provided that the police had probable cause to search the…