Your Rights During a Motor Vehicle Stop

by | Sep 15, 2015 | Blog, Criminal Law, Know Your Rights, Traffic Stops

If you are stopped by an officer in Ocean or Monmouth County and he/she asks if they can search your vehicle, do you know your rights?  Do you know what happens next if you say no?  Do you know if the officer has a right at any point to search your vehicle without your consent?  Knowing the answers to these questions can be the difference between getting to your destination on time or sitting on the side of the road for a long period of time while officers search through your entire vehicle and its contents.

 

What are your rights?

During the time of the stop, you still have your right to privacy under both the state and federal constitution.

However, there are two main ways an officer can gather evidence to declare a “warrant exception” during the time of the stop.  The first warrant exception is “plain view.”  If the officer can identify any illegal item or substance such as a weapon, drugs, drug paraphernalia, etc. while only looking into the vehicle, then he/she can search your car without a warrant.  Falling under the “plain view” doctrine is the concept of “plain smell.”  If the officer can smell contraband (usually marijuana) at the time of the stop, then probable cause is established and he/she may be able to search the car without a warrant if he/she can also establish exigent circumstances..

In both of these situations, the officer must see or smell the illegal substance during the stop and cannot have prior knowledge of the substance’s presence in the vehicle.   Fred Sisto had evidence thrown out in a case where the officers attempted to use the plain view doctrine notwithstanding their prior knowledge of the evidence’s location.

The second most common warrant exception is consent.  If the officer cannot gather enough evidence for a warrant exception during the time of the stop, then he can ask you for consent.  If you allow the officer to search your vehicle, then he has obtained a warrant exception.

However, this can be contested in court due to a ruling in 2002 which declared that the driver could feel pressured or obligated to allow the officer to search the vehicle.

Will saying no provide enough suspicion to allow the officer to search the vehicle?

Saying no can not legally raise suspicion.  Also, without reasonable suspicion to briefly detain or probable cause to arrest you, the officer cannot keep you at the stop until he/she obtains a warrant.

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From the beginning Fred was fast to respond to my initial inquiry (while he was on vacation) when other lawyers took a week or never even responded. Fred was professional, understanding of my situation and on point with the the expected timelines due the delays COVID had put on the courts. The courts had objections on a few occasions and forced me to appeal on another but, Fred stood his ground for me and followed through until my matter was resolved as I expected. I recommend Mr. Sisto if you are in need his services. I will definitely use him again if I ever need to.
Steve
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Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
Freehold F
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I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
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Very good, extremely professional ,
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Fred Sisto is amazing!! Definitely recommend
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Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
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....and his Dog Gonzo is a great attorney.
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Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
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Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
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Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
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