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NJ: Chambers v. Maroney rejected under N.J. Constitution

By John Wesley Hall, Jr.

Exigency for an automobile only applies to its seizure, not its search. Chambers v. Maroney, 399 U.S. 42, 51-52 (1970), rejected under the NJ Constitution. State v. Minitee, 2010 N.J. Super. LEXIS 169 (August 16, 2010). Lexis overview: Defendants' conviction arose from a series of armed robberies of massage parlors. The appeal challenged the warrantless search of a vehicle that served as the alleged getaway car. The court held that one defendant, who was an occupant of the vehicle at issue, had standing to challenge the propriety of the search because he had a participatory interest in the vehicle where the items seized by police were found as a result of having been an occupant. The court held that the warrantless search of the motor vehicle was constitutionally impermissible because the vehicle had been impounded and, once impounded, the police were required to obtain a search warrant since no exigent circumstances existed...continue to full post

Full post as published by Fourth Amendment on August 19, 2010 (boomark / email).