On February 23, 2024, the New Jersey Appellate Division decided State of New Jersey v. Ladohn E. Courtney, 478 N.J. Super. 81 (App. Div. 2024). This case addressed the legality of a warrantless vehicle search under the automobile exception to the warrant requirement. The Appellate Division held that police may conduct a search under the automobile exception even if a vehicle is subject to impoundment under New Jersey’s “John’s Law” (N.J.S.A. 39:4-50.22 and -50.23), provided the search occurs roadside, before the vehicle has been removed from the scene.

Facts and Procedural History of the Warrantless Vehicle Search

On September 20, 2022, a Cranford Police Officer stopped a vehicle based on erratic driving. The officer smelled alcohol as he approached the car and observed a half-empty bottle of cognac on the passenger-side floor. The driver, Tommie S. Newsome, failed sobriety tests and was arrested for DWI, triggering New Jersey’s John’s Law, which mandates that vehicles operated by individuals arrested for DWI be impounded for at least 12 hours.

During this stop, another officer observed that the rear passenger, Ladohn E. Courtney, was not wearing a seatbelt. A warrant check revealed that Courtney had an outstanding municipal court warrant, leading to his arrest and a summons for not wearing a seatbelt.

The police then conducted a roadside, warrantless vehicle search and discovered a loaded handgun under the front passenger seat. Newsome, Courtney, and another passenger were subsequently indicted for unlawful possession of a handgun. The defendants sought to suppress the handgun as evidence, arguing that the warrantless vehicle search was unconstitutional.

Legal Issue: Warrantless Vehicle Search Under John’s Law

The central legal issue was whether police officers could conduct a warrantless vehicle search under the automobile exception when the vehicle is subject to mandatory impoundment under John’s Law. The trial court initially ruled in favor of the defendants, stating that based on State v. Witt, 223 N.J. 409 (2015), the police should have obtained a warrant since the vehicle was set for impoundment, believing that John’s Law impoundment required a warrant for further search.

Appellate Division’s Holding on the Warrantless Vehicle Search

The Appellate Division disagreed with the trial court’s interpretation of State v. Witt. The Appellate Court held that “as long as police satisfy the foundational requirements of probable cause, spontaneity, and unforeseeability, the authority to conduct an automobile-exception search lapses only after the vehicle has been removed to a secure location, not in anticipation of such removal.” The court declined to create a new rule excluding vehicles under John’s Law from roadside searches under the automobile exception, thus deeming the warrantless vehicle search lawful in this case.

Reasoning Behind the Court’s Decision

The Appellate Division clarified that under Witt, the authority for a warrantless vehicle search under the automobile exception remains valid until the vehicle is towed or impounded. The court explained that the purpose of John’s Law is to prevent intoxicated drivers from regaining access to their vehicles, not to limit law enforcement’s ability to search a vehicle when probable cause exists. Therefore, as long as the vehicle remains roadside, the exigent circumstances justify the search.

Conclusion: Key Takeaways on Warrantless Vehicle Searches in New Jersey

The Appellate Division’s decision reinforces that police officers may search a vehicle on the roadside under the automobile exception if they have probable cause, even if the vehicle is subject to impoundment under John’s Law. This ruling provides clarification on the limits of the automobile exception in New Jersey, establishing that searches remain lawful until the vehicle is physically impounded.

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