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WHAT WERE YOU
CHARGED WITH?
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New Jersey Criminal Law Article By Jeffrey
Hark, Esq.
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HARK & HARK
Hark & Hark
1101 ROUTE 70 WEST
CHERRY HILL, NJ 08002
856-354-0050
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 State
v. Mai - Case Summary
An officer is
allowed to open the door of a vehicle as
part of ordering an occupant of the vehicle
to exit when facts in the totality of the
circumstances create a heightened sense of
danger in the officer. This holding is an
extension of the holding in State v.
Smith, 134 N.J. 599 (1994), which set
the standard for when an officer could order
an occupant out of the car. The officer only
needs to be able to point to some facts in
the totality of the circumstances that would
create in an officer a heightened sense of
danger that would warrant him ordering the
passenger out of the car to secure the
scene. The Court found no meaningful
difference in authorizing an officer to
order an occupant out of the vehicle based
on a heightened sense of danger and the
authority to open the door as part of
issuing that lawful order.
IF YOU WANT TO SCHEDULE AN
APPOINTMENT, I WOULD BE HAPPY TO
MEET WITH YOU ANYTIME.
Sincerely,
Jeffrey Hark
Hark & Hark
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