The New Jersey Appeals Court addresses when the police may order a person out of the car. A Police Order to exit the vehicle has been utilized as an opportunity to explore a bit more of the contents of the vehicle and the driver. The court found that police must have a reasonable and articulable belief that their safety is in danger when ordering passengers to exit the stopped vehicle. The opportunity for the officer to both protect himself from a safety standpoint, as well as look for contraband or evidence that an individual may be engaged in criminal activity. Yet the other interest here is protecting the rights of the individuals from being abused by big brother. Given the current climate, the needs of government to look long and hard to determine if criminal or terroristic activity is taking place is a real concern yet at the same time we cannot abolish the freedoms that are country was founded under.
If you have been charged during a NJ traffic stop or you feel your rights have been violated, contact us today for your free consultation 800-709-1131.
Court Splits on Passengers' Rights During Traffic Stops
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