Sep 1, 2021
Approaching Parked Motor Vehicles
In this archive episode, Dennis explains approaching parked motor vehicles and the laws around this subject. Recorded on 08/07/2017.
State v . Butler 1994 - http://www.leagle.com/decision/1994371278NJSuper93_1362/STATE%20v.%20BUTLER
Under both the United States and New Jersey constitutions, a police officer has the authority to detain individuals without a warrant, on less than probable cause. See Terry v. Ohio, 392 U.S. 1, 26-27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Davis, supra, 104 N.J. at 502-504, 517 A.2d 859. And, in order to pass constitutional muster, the stop must be predicated upon specific and articulable suspicion that a person has been or is about to engage in criminal activity. United States v. Cortez, 449 U.S. 411, 417-418, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981); Brown v. Texas, 443 U.S. 47, 51, 99 S.Ct. 2637, 2640, 61 L.Ed.2d 357 (1979); Davis, supra, 104 N.J. at 504, 517 A.2d 859. The Court in Davis noted:
A police officer charged with the duty of crime prevention…