On February 23, 2024, the NJ Appellate Division decided State of New Jersey v. Ladohn E. Courtney, 478 N.J. Super. 81 (App. Div. 2024), which upheld the legality of warrantless vehicle searches conducted roadside before impoundment under John’s Law.

In this case, the Appellate Division held that police may search a vehicle without a warrant under the automobile exception if they have probable cause, as long as the search is conducted at the scene of the stop and before the vehicle is towed or impounded. The decision clarifies that even when John’s Law, N.J.S.A. 39:4-50.22 and – 50.23, mandates the impoundment of a vehicle, the automobile exception applies until the vehicle is physically removed from the scene.

Key details of the case:

  • Cranford Police stopped a vehicle for erratic driving, leading to the arrest of the driver for DUI under John’s Law.
  • A warrantless roadside search uncovered a handgun, leading to charges for unlawful possession.
  • The defendants argued that a warrant was required since the vehicle was subject to impoundment under John’s Law.
  • The NJ Appellate Division reversed the trial court, confirming that the automobile exception applies until the vehicle is towed or impounded.

Read the Full Decision Here: [add link placeholder text for decision URL]

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