State vs. Pena-Flores 198 N.J. 6 (2009)

Scott A Sheldon

Case Conclusion Date:February 25, 2009

Practice Area:Appeals

Outcome:Affirmed. Both probable cause and exigency circumstances are required to perform a warrantless search of an auto.

Description:In three consolidated appeals, the Court considered the standards governing the automobile exception to the requirement that police officers must obtain a warrant before searching a motor vehicle, and the legal effect of warrants that are obtained through telephonic or electronic means. The State essentially sought to do away with the exigency circumstances requirement in its entirety.