N.J. court tells police limits on car searches don't apply to homes

Star-Ledger Staff ^ | Thursday, September 21, 2006 | BY ROBERT SCHWANEBERG

[Focault's Pendulum]

This appears to be a rather convoluted ruling...but what the hell...I live here..I should be used to it by now.

To read the article on NJ.COM it will ask you for zip code, age and gender.(yeah, I told the truth!) Nothing personal but it does set a cookie....easily deleted in Tools/Options. cookie is nj.com

[Smogger]

http://www.bugmenot.com/view/nj.com

[steveo]

A judge found Domicz invited the detectives in out of the rain and eventually signed a form giving them permission to search his house.

Well duh.

[steveegg]

This would be the same Kangaroo Court that said that the 'RATS and only the 'RATS can replace candidates after filing deadlines at will. I'm not the least bit surprised, and won't exactly be shocked (but I will be shocked, SHOCKED) when they do the same thing to the cars.

[Gay State Conservative]

The New Jersey Supreme Court ruled 4-3 yesterday that police do not need a reason to ask permission to search someone's home.

In some little cubicle down at ACLU Headquarters,a lawyer is wetting his/her/its pants right now.

[Myrddin]

The New Jersey Supreme Court ruled 4-3 yesterday that police do not need a reason to ask permission to search someone's home.

The police need a warrant before they can enter the premises. If you invite them inside, all bets are off. When a police officer asks if they can step inside my home, I politely decline and step outside to speak with them.

[Jaysun]

I was pulled over two days ago in Tennessee for speeding. The officer gave me my ticket (after a long delay) and asked if I had any weapons or drugs in the vehicle. I said no. He asked if it were okay if he searched. I said no. He then insisted on having his dog walk around the outside of the vehicle, after which he said that something was indeed found and another unit was on the way to assist him.

He ordered me out of the car, searched me, and proceeded to search the vehicle. This took him about 30 minutes. Upon finding nothing he said I was free to go.

I was irate. I pulled over for the smug bastard for speeding. I cooperated with him and was very pleasant. Yet he insisted on searching my vehicle for drugs and kept me on the side of the highway for more than an hour. When he was finished I commented that he may need to have his dog checked. He smirked and drove off. I suspect his dog "found something" in order to justify a further search.

[Focault's Pendulum]

Actually I think the knock/hello can we come in...has shot the hell out of probable cause.

I think there's something in the Constitution about unlawful search and seizure. The last two paragraphs intimate that such coercive tactics approach the line.

[dontpethesweatythings]

Shelby County?

BTW, DO NOT SPEED IN TN.

[Morgan in Denver]

Can NJ Democrats replace their soon to be indicted candidate with Hugo Chavez? He would seem to be a natural there.

[calex59]

The police need a warrant before they can enter the premises. If you invite them inside, all bets are off. When a police officer asks if they can step inside my home, I politely decline and step outside to speak with them.

This ruling only says they don't have to have a reason to ASK to search. It doesn't say they don't have to have a warrent to search without permission. Just refuse if they ask. Don't invite them inside, don't sign any agreements to allow searches. IOW, protect your constitutional rights as you should always have been doing.

There is nothing particularly sinister about this ruling.

[Gay State Conservative]

I think I've read that there's at least one financial incentive for police to find drugs in a situation like yours.I think they get to keep the car or something like that.

If I'm correct (and any lawyer who might read this will set me straight if I'm not) you've got your motive for the search,IMO.

[Jaysun]

Shelby County?
BTW, DO NOT SPEED IN TN.

I don't know. It was in Fayetteville, just across the Alabama state line. I did speed and I took my ticket, but beyond that this was absurd.

[spudsmaki]

You are right. Everybody view the video on youtube.

http://youtube.com/watch?v=3NmC5wHfCdM

Flex your rights. The ACLU isn't completely worthless, they have done a couple of useful things.

nj.com also sets a javascript string in the browser cache for tracking.

[ThinkDifferent]

Isn't it amazing that out of the abudance of political correctness the court's ruling effectively hinders the war on terror...preventing the search of those potentially moving dangerous and or lethal material?

If the 4th Amendment has any meaning at all then yes, some bad guys are going to get away. I'd rather accept that risk than live in a police state.

[DelphiUser]

I hate to say this (don’s asbestos underwear) but I agree with the court on this.

They should be able to ASK (politely).

May we search your house, pretty please with cream and sugar on it?

You should be able to ask for anything (this is a free country) for example:

Q. can I have all of your money please?
A. No, get away from me!

See asking is not the problem, demanding, not asking but just doing, those I have a problem with.

(Any resemblance to humor in this post was entirely intentional)

[Jaysun]

I think I've read that there's at least one financial incentive for police to find drugs in a situation like yours.I think they get to keep the car or something like that.

If I'm correct (and any lawyer who might read this will set me straight if I'm not) you've got your motive for the search,IMO.

If that's true then I'm perfectly willing and able to sue the sons a bitches to get it changed. An incentive? Give me a damned break. I was in suit and tie with a baby seat in the rear. I'm as far as one can get from a typical dope user / pusher.

[ladyrustic]

What an a$$hole LEO. Cops think they can get away with anything, and unfortunately, too often they do. That jerk was just making your life miserable because you declined his request to search your car, pure and simple.

[Jaysun]

What an a$$hole LEO. Cops think they can get away with anything, and unfortunately, too often they do. That jerk was just making your life miserable because you declined his request to search your car, pure and simple.

And what is my recourse? I'd spend thousands to set the bastard straight.