2-25-09 State v. Juan Pena-Flores, et al. (A-129-06)
State v. Charles Fuller (A-15-07)
The Supreme Court affirms its longstanding precedent that
permits an automobile search without a warrant only in cases in
which the police have both probable cause to believe that the
vehicle contains evidence and exigent circumstances that would
justify dispensing with the warrant requirement. Whether
exigent circumstances exist is to be decided on a case-by-case
basis with the focus on police safety and the preservation of
evidence. The Court also determines that a warrant obtained by
telephonic or electronic means is the equivalent of an in-perwarrant and does not require proof of exigent circumstances.
