Students' Vehicles Subject To Search On School Property

Posted on November 13, 2008 by Tom Martin

11/13/08 - On Monday, an Appellate Division panel, in a case titled ,State v. Best, ruled that a student’s car or truck which is parked on school property can be searched by school officials if a mere reasonable suspicion exists that illegal drugs or other contraband are contained within the car or truck. This case continues to erode the Constitutional protections against searches on school property. The school officials or police no longer need probable cause or a search warrant for these searches.

This case follows a foundation started by the United States Supreme Court in a case called New Jersey v. T.L.O., 469 U.S. 325 (1985). Essentially, holding that there is a diminished expectation of privacy to which students are subjected to on school property. This diminished expectation of privacy has resulted in rulings that have authorized searches of school lockers and book bags based upon reasonable suspicion.

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Illegal Search-Seven Exceptions to the Warrant Requirement

Posted on July 16, 2008 by Tom Martin

As a general rule, warrantless searches are presumptively invalid and prohibited unless they fall under one of the various exceptions to the search warrant requirement. As set forth in the Supreme Court of New Jersey decision of State v. Hill, 115 NJ 169, 173 (1989) these exceptions relate to:

1) Motor vehicle searches under certain parameters;

2) Consent searches;

3) Exigent circumstances;

4) Search incident to arrest;

5) Plain view/Plain smell and related issues;

6) Investigative and protective measures; and

7) Regulatory and administrative authority.

It is important for you to know that under the Fourth Amendment to the United States Constitution which is applicable to New Jersey law, that: "The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The burden for establishing the validity of a warrantless search is upon the police and prosecutor. The first exception we will address in the coming week is the "automobile or car exception.

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