Legal Opinion

State v. Pena-Flores

Supreme Court of New Jersey

Decided February 25, 2009No. A-129 September Term 20PublishedCited by 83 opinions

1Opinion of the CourtJustice Long

At issue in these appeals, which we have consolidated for the purpose of this opinion, is the automobile exception to the warrant requirement. Today, we reaffirm our longstanding precedent that permits an automobile search without a warrant only in cases in which the police have both probable cause to believe that the vehicle contains evidence and exigent circumstances that would justify dispensing with the warrant requirement. The question of whether exigent circumstances exist is to be determined, as it has always been, on a case-by-case basis with the focus on police safety and…

2Cases cited34 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Carroll v. United StatesSupreme Court of the United States · 1925
  4. Chimel v. CaliforniaSupreme Court of the United States · 1969
  5. New York v. BeltonSupreme Court of the United States · 1981

29 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. State v. William L. Witt(074468)Supreme Court of New Jersey · 2015
  2. State of Iowa v. Christopher George StormSupreme Court of Iowa · 2017
  3. State v. HathawaySupreme Court of New Jersey · 2015
  4. State v. Derrick Brown, Leroy Carstarphen, and Kareem Strong (070200)Supreme Court of New Jersey · 2014
  5. State v. MINITEESupreme Court of New Jersey · 2012

78 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API