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New Jersey Criminal Lawyer - Appellate Opinions
Part VI. Automobile
Searches
State v. Mai, 202 N.J. 12 (2010)
We see no reason to
depart from the elegant reasoning that undergirds this settled
principle in making the parallel determination of whether a police
officer has the authority to open a vehicle door as part of issuing
an order to exit the vehicle. In the realm of defining reasonable
searches and seizures, no meaningful or relevant difference exists
between the grant of authority to order an occupant of a vehicle to
exit the vehicle and the authority to open the door as part of
issuing that lawful order. Plain logic demands that the principles
that govern whether a passenger of a vehicle lawfully can be ordered
out of the vehicle must apply with equal force to whether a police
officer is entitled, as a corollary and reasonable safety measure,
to open the door as part of issuing a proper order to exit.
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