As a friend of the Court, the ACLU-NJ asked the New Jersey Supreme Court to reaffirm that there exists a heavy presumption against a warrantless search of a residence — including a temporary residence such as a motel room — that is not overcome upon the fortuitous discovery of alleged contraband by a private third party; also the ACLU-NJ urged the Court to find that – absent evidence illegally seized from a motel room – the State lacked sufficient reasonable suspicion to justify a request for consent to conduct a warrantless search of a car. Here, police unlawfully searched a motel room and used the contraband they seized to justify a subsequent search of a car.
State v. Shaw & Bolden
Rutgers Constitutional Rights Clinic
April 12, 2017
New Jersey Supreme Court