NEW JERSEY PROBABLE CAUSE TO STOP MOTORIST REVIEWED
Posted in: Latest Traffic News |January 22, 2011 , |
In New Jersey a valid motor vehicle stop requires the following showing by the State:
In Deleware v. Prouse, the United States Supreme Court ruled that police must have at least an articulable and reasonable suspicion that a violation of the traffic laws has occurred. The articulable and reasonable standard has been further defined by the U.S. Supreme Court in Whren v. United States, the Court held a traffic stop is justified at its inception if the officer has probable cause to believe a traffic violation took place. This statement by the Court was made in the context of declaring that a motor vehicle stop constitutes a seizure within the meaning of the 4th Amendment. In determining whether the officer acted reasonably, due weight must be given not to the officer’s inchoate and/or unparticularized suspicion or "hunch." Terry v. Ohio, 392 U.S. 1, 4 (1968).