By Tom Chaves on January 18, 2012

The New Jersey Supreme Court is re-examining its decision from two years ago that required the police to show a higher level of probable cause and emergency circumstances to justify a warrantless search of a car. Before that ruling two years ago, the law in New Jersey allowed the police to search a car if obtaining a warrant was impractical.

Often the police will stop a motorist and based on a "hunch" will ask the driver if they can search the car. If the owner says no, under the current law the police cannot lawfully search the car. Police will often use a consent to search form and try to convince the driver to allow a search of the complete car including the trunk. If there is any reason you can think of to not want to allow the police to search your car, always say no and ask to see the warrant if they insist on searching the car. Unless the police follow these procedures, any evidence they find such as illegal drugs may be thrown out as evidence on a motion to suppress.

The way the law is constantly changing in this area, the best practice is to object to any warrantless search.