suspected motor vehicle violation in New Jersey

2026Stated differently, the stop must be lawful at the moment the seizure is initiated. "[T]he State is not required to prove that the suspected motor vehicle violation occurred." State v. Locurto, 157 N.J. 463, 470 (1999).

2025Importantly, "the State is not required to prove that the suspected motor-vehicle violation occurred." State v. Locurto, 157 N.J. 463, 470 (1999).

2021State v. Atwood, 232 N.J. 433, 444 (2018). "[T]he State is not required to prove that the suspected motor-vehicle violation occurred." Locurto, 157 N.J. at 470 (citing State v. Williamson, 138 N.J. 302, 304 (1994)).

2021State v. Atwood, 232 N.J. 433, 444 (2018). "[T]he State is not required to prove that the suspected motor-vehicle violation occurred." Locurto, 157 N.J. at 470 (citing State v. Williamson, 138 N.J. 302, 304 (1994)).

2017That is, "the State need prove only that the police lawfully stopped the car, not that it could convict the driver of the motor-vehicle offense." State v. Heisler, 422 N.J.

2017That is, "the State need prove only that the police lawfully stopped the car, not that it could convict the driver of the motor-vehicle offense." State v. Heisler, 422 N.J.

2025Further, "[t]he State need not prove that the suspected motor vehicle violation has in fact occurred . . . ." State v. Barrow, 408 N.J.

2024Further, "[t]he State need not prove that the suspected motor vehicle violation has in fact occurred." Barrow, 408 N.J.

2021State v. Atwood, 232 N.J. 433, 444 (2018). "[T]he State is not required to prove that the suspected motor-vehicle violation occurred." Locurto, 157 N.J. at 470 (citing State v. Williamson, 138 N.J. 302, 304 (1994)).

2021State v. Atwood, 232 N.J. 433, 444 (2018). "[T]he State is not required to prove that the suspected motor-vehicle violation occurred." Locurto, 157 N.J. at 470 (citing State v. Williamson, 138 N.J. 302, 304 (1994)).

2019A police officer may, without a warrant, conduct an investigatory traffic stop based on a reasonable and articulable suspicion that a defendant committed a traffic offense. "[A] stop founded on a suspected motor vehicle violation essentially is governed by the A-2227-18T1 9 same case law used to evaluate a stop based on suspected criminal or quasi- criminal activity." State v. Golotta, 178 N.J. 205, 213 (2003).

2008It is well settled that a police officer may, without a warrant, conduct an investigatory traffic stop based on a reasonable and articulable suspicion that the defendant engaged in a traffic offense. "[A] stop founded on a suspected motor vehicle violation essentially is governed by the same case law used to evaluate a stop based on suspected criminal or quasi-criminal activity." State v. Golotta, 178 N.J. 205, 213 , 837 A. 2d 359 (2003).

2019Super. 375, 378 (App. Div. 2002) (citing Delaware v. Prouse, 440 U.S. 648, 663 (1979)). "[T]he State is not required to prove that the suspected motor vehicle violation occurred." State v. Locurto, 157 N.J. 463, 470 (1999) (quoting State v. Williamson, 138 N.J. 302, 304 (1994)).

1996Although the initial stop of the motor vehicle for a suspected motor vehicle violation was valid under the Fourth Amendment, see Delaware v. Prouse, 440 U.S. 648 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979); see also State v. Williamson, 138 N.J. 302 , 650 A.2d 348 (1994), the ensuing searches were not.

2021Nor is the State required to establish probable cause to initiate a traffic stop. 3 As our Supreme Court made clear in State v. Shaw, "[t]he standard for this form of brief stop or detention is less than the probable cause showing necessary to justify an arrest." 213 N.J. 398, 410 (2012); see also State v. Pitcher, 379 N.J.

2021Nor is the State required to establish probable cause to initiate a traffic stop. 3 As our Supreme Court made clear in State v. Shaw, "[t]he standard for this form of brief stop or detention is less than the probable cause showing necessary to justify an arrest." 213 N.J. 398, 410 (2012); see also State v. Pitcher, 379 N.J.

2020A-1381-19T4 6 "In evaluating the facts giving rise to the officer's suspicion of criminal activity, courts are to give weight to 'the officer's knowledge and experience' as well as 'rational inferences that could be drawn from the facts objectively and reasonably viewed in light of the officer's expertise.'" State v. Citarella, 154 N.J. 272, 279 (1998) (quoting State v. Arthur, 149 N.J. 1, 10-11 (1997)).

2020A-1381-19T4 6 "In evaluating the facts giving rise to the officer's suspicion of criminal activity, courts are to give weight to 'the officer's knowledge and experience' as well as 'rational inferences that could be drawn from the facts objectively and reasonably viewed in light of the officer's expertise.'" State v. Citarella, 154 N.J. 272, 279 (1998) (quoting State v. Arthur, 149 N.J. 1, 10-11 (1997)).

2019"Much as a 'bright line' rule would be desirable, in evaluating whether an investigative detention is unreasonable, common sense and ordinary human experience must govern over rigid criteria." Dickey, 152 N.J. at 476 -77 (quoting United States v. Sharpe, 470 U.S. 675, 685 (1985)).