Illegal Search-Seven Exceptions to the Warrant Requirement
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.
