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Old 06-11-2008, 10:21 AM   #44
79T/A
 
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Join Date: Feb 2007
Location: Wantage, NJ
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what can anybody put under the hood that could be illegal? guns? narcotics?
Yes. ****bags hide stuff in the funniest places. Under the hood is not out of the question.

NastiEllEssWon answered it the best. In NJ, officers cannot search a vehicle without probable cause or consent, and they can't ask for consent without a reasonable suspicion that something is in the car. The only clearcut incident in which an officer can search the car is if he/she smells marijuana. In this instance, the officer can search any area in which marijuana can reasonably be hidden and accessible to a driver, including the driver's person. If need be, the officer can even request a narcotics canine to sniff the vehicle and point out a specific area to search. Nothing's better for your interior than a big angry dog stomping around on your leather seats.

During the course of a "routine" traffic stop for a motor vehicle or equipment violation, probable cause for a search can arise, as illustrated by the underaged fella with the alcohol in the Acura (At least, that's what I'm assuming from the posts, forgive me if I'm wrong). I'm not sure exactly what happened because I wasn't there, but if a cop is speaking with the driver, who is under the legal age to PURCHASE, POSESS or CONSUME an alcoholic beverage, and he sees a bottle of vodka in the vehicle and can articulate that in a report, then he/she can search the "wingspan," that is, any area of the vehicle within the driver's control.

Searches of vehicles also take place during vehicle impoundments. If a vehicle is being impounded, many NJ police departments will search the vehicle and do an inventory. Everything in the car will be listed, as well as its condition, so that the liability for any damage or theft lies on the tow company. In light of many recent Constitutional issues that have arisen from this, many departments are allowing owner/operators the opportunity to refuse such a search, but if anything is lost or missing when the vehicle is retrieved from impound, it's the owner's problem, not the cops.

In some instances, there may be reason to believe that there is something illegal in the car (Information from confidential informants, for example). In this kind of scenario, the officer must seize the vehicle and obtain a warrant to search it.

Any time an officer does a warrantless search of a vehicle, he/she runs the risk of having their case thrown out if any evidence is seized improperly. So you can bet they are going to be sure of what they're doing and be able to put it on paper later on, even if nothing is found in the car.

As for under hood searches in NJ, well, I've lived here all my life and I've never seen it done without a search warrant. I will say this, though. The lift laws for lifted Jeeps and trucks are not in the regular motor vehicle code (Title 39). But a friend of mine got pulled over in Bedminster, where apparently they have a lot more time to handle motor vehicle violations than criminal activity. Said cop PULLED OUT A TAPE MEASURE and told my buddy that his Jeep could not be more than 26" from the ground to the bottom of the door without a stability inspection. Amazingly, he was actually right! He gave my buddy a warning and he has since gottent the Jeep tested and passed. Just goes to show that depending on where you are, the cops may know more about certain things than in other jurisdictions. I wouldn't be surprised if the Old Bridge cops were more savvy about exhaust and emissions laws than the Woodbridge cops are. Still, never been asked to raise my hood or heard of anyone else that was.

Hope that helps.

Last edited by 79T/A; 06-11-2008 at 10:37 AM.
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