State v. Smart, 253 N.J. 156 (2023)


Bruce Rosen argued before the New Jersey Supreme Court on behalf of amicus curiae ACDL-NJ that the automobile exception to the warrant requirement did not permit the investigative stop in this case, which arose from a deliberate effort to develop probable cause and therefore was not "spontaneous and unforeseeable". Because State v. Witt does not encourage law enforcement to "sit" on probable cause, the warrantless search was not authorized under the automobile exception to the warrant requirement. The Court agreed with these arguments in full, affirming the lower courts' orders to suppress evidence.

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