State v. Shannon

On September 19, 2011 the ACLU-NJ filed an amicus brief in support of the decision made in the Appellate Division, urges the court to not accept the suggestion of the Attorney General’s Office that the court overrule its decision in State v. Pena-Flores. In State v. Pena-Flores the court ruled that police officers can only search a vehicle without a warrant only if there is both probable cause that the vehicle contains evidence and exigent circumstances that justify dispensing with the warrant requirement. The brief also argues that exigent circumstances sufficient to justify a warrantless automobile search do not exist when the only such circumstance present in the record is the fact that the search took place in a “high crime area.” On February 2, 2012 the New Jersey Supreme Court dismissed the appeal of the Attorney General's Office and stated that there was not enough evidence to over rule the presidence set by State v. Pena-Flores.

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