TRAINING
Not staying current on
case law has consequences
Proactive officers conduct a lot of motor ve-
hicle stops, particularly in high-crime areas, or
“hot spots.” It is the hallmark of what they do.
This strategy makes perfect sense; motor ve-
hicles are used to commit a variety of crimes.
Each stop carries the potential of a notable ar-
rest, but it also carries the responsibility to act
ALLEN
within the law.
The importance of arrest, search and seizure
BLOODGOOD
training is often overlooked. Ignoring this criti-
cal area can have consequences other than the suppression of
evidence; it can lead to civil liability under a 1983 civil rights
claim. It is not uncommon for individuals to file suits against
officers stemming from an arrest or detention, claiming that
it was unlawful. For example, in November 2016, a Union
County police department settled a wrongful arrest suit for
$45,000 after drug charges were administratively dismissed.
In November 2015, a Camden County police department paid
a man $2,500 after he was unlawfully detained.
In addition to civil liability, officers should be concerned
about internal affairs complaints. Social justice advocates
are obtaining transcripts of proceedings in which evidence
64
has been suppressed and forwarding them to internal affairs
units to initiate investigations. Should such a complaint be
sustained, or if an officer is found not to be credible by a judi-
cial authority or administrative tribunal, the prosecutor may
have to disclose those facts in future proceedings involving
the targeted officer.
Invest time in learning the principles
I mention civil liability and internal affairs complaints not
to discourage officers from being proactive in their duties,
but to encourage them to invest time in learning the princi-
ples of arrest, search and seizure to minimize their exposure
to such suits and complaints. New Jersey officers are required
to attend a number of mandatory classes. Unfortunately, ar-
rest, search and seizure is not one of them, so where do we
begin? We stay current with case law!
The Appellate Division recently addressed a situation that
many of us have dealt with during a traffic stop — leaning
into a car to speak with the driver. Does such action consti-
tute a search?
While on patrol, an officer stopped a vehicle after he ob-
served it traveling in front of him with dark tinted windows.
The officer approached the passenger side of the vehicle and
conversed with the driver through the open passenger-side
window. The officer asked the driver to produce his license
and inquired about his driving record. During this exchange,
the officer briefly leaned his head into the open passen-
ger-side window to better hear the driver’s responses over
the noise of the passing traffic. While speaking to the driver,
he smelled the odor of marijuana coming from inside the ve-
hicle. Based on this observation, the officer searched the car
and found a small quantity of marijuana under the passenger
seat.
Lack of ulterior motive
The court concluded that the officer’s act of leaning into the
vehicle did constitute a search but, under the circumstanc-
es, was reasonable. The court emphasized the lack of ulteri-
or motive and described the intrusion as “minimal and not
unreasonable.” While this case had a positive outcome, law
enforcement officers must be mindful that the brief intrusion
into the motor vehicle was for the purpose of communicating
with the driver and not to “sniff” the interior.
The court relied heavily on the MVR recording in reaching
its conclusion. The recording showed that the intrusion was
minimal and done solely with the purpose of communicating
with the driver. Should an officer find him/herself in a similar
situation, the officer may want to verbalize the fact that he
or she is having difficulty hearing the driver by stating, “Can
you please speak louder? I’m having difficulty hearing you” or
“Please speak louder; I can’t hear you over the traffic.” Inten-
tionally breaking the plane to sniff the interior of the vehicle
will be deemed unreasonable and any evidence seized will be
suppressed.
NEW JERSEY COPS
■ JANUARY 2019