Muni-Mail – Trooper Had No Exigent Circumstances to Support Truck Search – State v. Pompa
[07/03/10 – 6:30 pm] In an opinion released Friday by the Appellate Division, the Court ruled that although an investigating trooper had ample probable cause to conduct a search of an 18-wheel truck he had lawfully stopped on Interstate 78, the criminal evidence he recovered as a result of the search had to be suppressed because the trooper did not demonstrate the exigent circumstances required in New Jersey under the automobile exception to the warrant requirement.
This decision is a critically important holding in the line of cases following State v. Pena-Flores, 198 N.J. 6 (2009). It marks another step in the development of the court’s analysis as to what constitutes sufficient exigency under New Jersey law to support the automobile exception.
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