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HARK & HARK
New Jersey Criminal Lawyer
1101 Marlton Pike West
Cherry Hill, NJ 08002
(866) 427-5529
Practicing in all NJ Counties
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New Jersey Criminal Lawyer - Appellate Opinions
State v. Pena-Flores, 198 N.J. 6 (2009)
Legitimate considerations are as varied
as the possible scenarios surrounding an automobile stop. They
include, for example, the time of day; the location of the stop; the
nature of the neighborhood; the unfolding of the events establishing
probable cause; the ratio of officers to suspects; the existence of
confederates who know the location of the car and could remove it or
its contents; whether the arrest was observed by passersby who could
tamper with the car or its contents; whether it would be safe to
leave the car unguarded and, if not, whether the delay that would be
caused by obtaining a warrant would place the officers or the
evidence at risk. As we have previously noted, “[f]or purposes of a
warrantless search, exigent circumstances are present when law
enforcement officers do not have sufficient time to obtain any
form of warrant.”
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