STATE OF NEW JERSEY VS. SHAREEF O. GRAY (19-10-1681, MIDDLESEX COUNTY AND STATEWIDE)
Defendant's car was subjected to a warrantless search incident to an unrelated sting operation planned and carried out by New Jersey State Police. The State Police detained defendant after a parking lot melee involving three other persons, including the target of the sting operation. Due to the cold weather, state troopers detained defendant in his car. After a state trooper opened defendant's car door and placed him inside, the trooper smelled the odor of marijuana. Based on the trooper's detection of marijuana, the State Police sought defendant's consent to search the car. After initially refusing, defendant consented, and the State Police conducted a search of the car. The State Police found no marijuana in the car, but they recovered an illegal gun. Defendant filed a motion to suppress the gun, arguing the initial entry into his vehicle constituted an unconstitutional search. The trial court denied the motion, finding the State Police's justification that it was too cold to detain defendant outside was sufficient under the totality of the circumstances.
The Court held that the trial court mistakenly applied State v. Woodson, 236 N.J. Super. 537 (App. Div. 1989), and State v. Conquest, 243 N.J. Super. 528 (App. Div. 1990), and that the opening of the car door constituted an impermissible search.
