What is an illegal search in New Jersey

Police conduct an illegal search in New Jersey when they search a person’s car, home, or body without first obtaining their consent or securing a search warrant. Illegal searches can happen in a variety of situations, but one of the most common is when an officer stops someone under the suspicion of driving while impaired.

Warrantless and nonconsensual searches violate Article 1, Section 7 of the New Jersey Constitution. The Fourth Amendment of the U.S. Constitution also prohibits them.

What Is the Definition of an Illegal Search?

New Jersey law protects individuals’ security “in their persons, houses, papers, and effects, against unreasonable searches and seizures.” It establishes the requirement of probable cause — the reasonable suspicion that a crime has been committed and there’s evidence on the premises — and the need to specify the place to be searched and the evidence to be seized. An illegal search is one that fails to meet these standards.

What Is the 4th Amendment?

The text and concept of the Fourth Amendment of the U.S. Constitution inspired the relevant section of the New Jersey Constitution. The language is nearly identical in spelling out a protection against unreasonable searches and seizures.

There are some exceptions to the prohibition against warrantless searches. These include when:

• Someone consents to the search
• The area to be searched is an open field or has no reasonable expectation of privacy
• Items to be seized are in plain view
• Obtaining a warrant is impractical or presents an immediate danger

What Are the Search Laws in New Jersey?

The basic principle of New Jersey’s laws regarding search and seizure is that searches typically must be conducted with a valid warrant in place. A valid search warrant:

• Is issued by an impartial judge or magistrate
• Is based on probable cause
• Names the individual and the premises to be searched
• Identifies the items officers will seize

A search or seizure that doesn’t follow the warrant’s scope may be considered unreasonable and illegal.

Is a Warrant Always Required in New Jersey?

There are some circumstances in which a warrant may not be legally required. Law enforcement may conduct a search without a warrant when:

• Evidence is in plain view
• Officers have probable cause because a crime is in progress or has just been committed
• Officers or bystanders are in danger
• Evidence is at risk of being destroyed
• Officers obtain consent from the individual to be searched

Obtaining consent is an easy way for law enforcement to get around their lack of a warrant. However, you are not obligated to consent to a search.

What Are Some Examples of Illegal Searches?

Illegal searches may occur in a variety of contexts. Some possible examples of illegal searches in New Jersey include when an officer:

• Enters your home without your consent or a warrant and searches your property
• Has a warrant but expands their search to areas not covered by the warrant
• Seizes or searches your phone or other device without your consent or a warrant
• Searches your vehicle without a warrant in standard circumstances
• Seizes property that isn’t related to any crime during a lawful search

These are just a few potential situations in which law enforcement may fail to follow the standards laid out in the Fourth Amendment and the New Jersey Constitution.

Can the Police Search My Car If I Am Stopped for a Traffic Violation?

A recent New Jersey Supreme Court ruling upheld the right to protection against warrantless vehicle searches. However, the police can still search your vehicle if they have probable cause — including if they’ve stopped you for a traffic violation — and in certain critical situations.

What Are Stop and Identify Orders?

Whether they’re looking for someone whose description you match, they suspect you of a crime, or they’re serving a summons to appear in court, the police may ask you to stop and identify yourself. In this situation, you should comply and cooperate. Failing to do so could cause you to be charged with interfering with an investigation. However, you aren’t required to answer their questions or submit to a search.

What Should I Do If I Have Been Subjected to an Illegal Search?

Search and seizure law is complex. It may not be obvious that law enforcement violated your rights until you sit down with a knowledgeable attorney to discuss your case. A criminal defense lawyer will ask you questions about the circumstances surrounding the search and will determine whether your search was legal.

Even if you consented to the search, you should still meet with an attorney. Officers may use a variety of tactics to obtain consent – and not all of these tactics are ethical or legal. If they searched your property and seized evidence after getting consent through coercion or other illegal means, that evidence may be suppressed and unable to be used in court. Your attorney will understand this process and be prepared to act accordingly to safeguard your rights.

If you believe you’ve been subjected to an illegal search in New Jersey, contact an attorney right away to go over the details of your case, gain an understanding of your rights, and review your legal options.

Contact a New Jersey Criminal Defense Lawyer

Do you believe you were subjected to an illegal search in New Jersey? If so, speak with an attorney right away. An experienced criminal defense lawyer will explain your rights and help you consider your legal options.

The Law Office of Jason A. Volet has more than 15 years of experience handling felony and misdemeanor cases in New Jersey. When you hire us to represent you, we’ll fight aggressively to pursue justice on your behalf, treating your case with the seriousness and focus it deserves. To learn more, contact us today for a free consultation.

Visit Our New Jersey Criminal Defense Law Offices

About the Author

Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.