Officer Green then slammed on the brakes, “hit the air horn and ․ turned on [his] emergency lights to conduct a traffic stop.”The blue Tempo slowed down, but did not stop. Officers, however, must observe conduct that would lead “reasonably prudent” persons to believe their safety or others' safety could be compromised. United States v. Walraven, 892 F.2d 972, 975 (10th Cir.1989) (upholding investigative detention, made for safety reasons, based in part on the defendant's “failure to promptly stop” the car that he was driving). Whether an officer had a lawful basis to conduct a warrantless search is reviewed de novo as a question of law. She received a two year suspended penitentiary sentence. The evidence, therefore, was appropriately seized under the plain-view exception to the warrant requirement. [¶ 10.] Warrantless searches, therefore, are per se unreasonable, aside from a few, settled exceptions. Defendant later pleaded guilty to third-degree possession of cocaine, a controlled dangerous substance (CDS), contrary to N.J.S.A.2C:35-10(a)(1), and was sentenced to a three-year prison term in accordance with his plea agreement.For the first time on appeal, defendant specifically challenged S.R. The officer asked the passenger to get out of the car and conducted a patdown, which resulted in the recovery of a pistol and a quantity of white powder. The police department had also received complaints from defendant s neighbors of a lot of traffic coming and going from [his] apartment, which, in Jaremczak s experience, is often indicative of narcotics activity.In their unmarked vehicle, the detectives followed the Bronco, losing sight of it shortly after arriving in an area of Newark known for crime and drug trafficking. A review of the record shows that if an officer employs the buzzword “furtive movement” and refers to a generalized notion of safety, Fourth Amendment rights fly right out the back of the van. [¶ 12.] Under both Constitutions, ordering a person out of a car constitutes a seizure because the person s liberty has been restricted.

Next, we decide whether the government intrusion, Fiechtner's search of the pouch, exceeded the scope of the justification for the warrantless search.
Id.at 606.

The Court opined that danger to an officer . First, he made a legitimate traffic stop.

Id.at 618-19.Three years after this Court decided Smith, the United States Supreme Court declared, an officer making a traffic stop may order passengers to get out of the car pending completion of the stop.

at 1085-1086. Terry, 392 U.S. at 24, 88 S.Ct. Id.at 604-05. about their destination and the plain-view observation of the Brillo and straw, Jaremczak obtained S.R. Because the movement here was virtually identical to that in Green, we are satisfied that Judge Farrell's reasoning in Powell would support a conclusion that appellant's movement, considered in combination with the other factors present, was a sufficient basis for conducting a protective search. Maryland v. Wilson, 4. at 1883.

223 N.J.279 (2015).

The movement here is also virtually identical to that in United States v. Edmonds, 345 U.S.App.D.C. were engaged in drug activity.Defendant asks this Court to affirm the Appellate Division s decision and find that the circumstances here did not warrant heightened caution under Smith.

Copyright 2020 Law Offices of Alex Ransom, PLLC   |

at 38, 465 F.2d at 623. (pp. Preface. I respectfully dissent.

We granted the motion of the American Civil Liberties Union of New Jersey (ACLU) to participate as amicus curiae.The State advances two independent grounds, both of which it argues justify the stop: the seat belt violation and the detectives reasonable and articulable suspicion of drug activity. McGee still did not stop, and the police officer had to stop him by blocking McGee's car with his own police car. Ibid.In Smith, two police officers spotted a vehicle speeding on the highway and initiated a traffic stop.


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