NJ Supreme Court rules vehicle search was legal…
Jun 16th, 2009 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & TrafficThis week, the New Jersey Supreme Court ruled that an individual’s right against self-incrimination cannot be asserted by a third party.
The incident in question involved a traffic stop in Bernards Township, NJ. The police officer observed a vehicle with tinted windows and no inspection sticker. The police officer then pulled the vehicle over and began to question the two occupants. The driver of the vehicle could not produce a driver’s license or an insurance card. The vehicle registration was also not in her name.
The police officer then separated the driver and passenger and questioned them about where they had been and where they were going. The driver and passenger gave conflicting answers. The police further questioned the driver and passenger. The driver finally admitted that they had been previously smoking marijuana.
The police officer then told the driver that he could bring a drug sniffing dog to search the car. The driver then admitted that there was marijuana and cocaine in the car. The driver’s, driver’s license then came up as suspended and the police officer then read the driver the Miranda rights and the driver waived her right to remain silent.
The passenger was also advised of his Miranda Rights and he also waived them. The driver and passenger were both charged with various NJ drug offenses.
The NJ Supreme Court was then asked to rule upon whether the passenger’s right of self-incrimination was violated, if the driver of the vehicle was not properly warned of her Miranda Rights before she made the incriminating statements.
The Court ruled that the right of self-incrimination under the United States and New Jersey Constitutions is a personal right that cannot be asserted by a third person such as the passenger. The Court was not willing to expand the protections of the Fifth Amendment.
Do you think this is good and fair law?
