State v. Alston

440 A.2d 1311, 88 N.J. 211, 1981 N.J. LEXIS 1677
Supreme Court of New Jersey·Decided October 21, 1981·Published·Cited by 274 cases

Opinions

The opinion of the Court was delivered by

CLIFFORD, J.

[216] This appeal presents us with the task of clarifying the scope of the “automobile exception” to the Fourth Amendment requirement that searches be conducted pursuant to a warrant based on probable cause. More particularly, the question to be resolved is whether the primary rationale for this exception— the inherent mobility of an automobile stopped on an open highway — dissipates once the vehicle’s occupants are arrested and removed from the car. The trial court and Appellate Division read this Court’s decision in State v. Ercolano, 79 N.J. 25 (1979), to require the holding that once the occupants of an automobile are arrested for possession of contraband and taken into police custody, the vehicle is no longer readily movable and the police must obtain a warrant before conducting a full search of the passenger compartment for further contraband, even if there existed sufficient probable cause for the search at the scene. We disagree.

I

On the night of October 23, 1978 Bergen County Police Detectives Marc Fenech and John Schmidig, stationed in an unmarked patrol car, pursued a Buick automobile speeding westbound on Route 46 in Ridgefield Park. During the chase the officers observed three of the four occupants moving about in the vehicle as if attempting to conceal something. After they succeeded in stopping the Buick, the detectives asked the driver for vehicle credentials, whereupon Alston opened the glove compartment, removed a large envelope, and began looking through its contents. Detective Schmidig then shone his flashlight into the open glove compartment and observed three shotgun shells. The four men were asked to exit from the vehicle. The officers patted them down for weapons but found none on their persons. Detective Fenech then returned to the Buick to retrieve the shotgun shells while his partner remained at the rear of the car with the four occupants.

Detective Fenech opened the front passenger door of the vehicle, reached into the open glove compartment and took the shells. In the process, Fenech observed an opaque plastic bag [217] lying on the floor, protruding about twelve inches from under the front passenger seat, and covering what appeared to be a long, thin object. The detective reached down and felt the protruding end of the bag. Because the object “felt like a gun,” he picked it up, opened the bag, and discovered that it was indeed a sawed-off shotgun. Thereupon the four occupants of the vehicle were placed under arrest, advised of their rights and handcuffed. A further search of the vehicle uncovered additional weapons secreted in the passenger compartment — a revolver in a holster under the front seat, and a .38 caliber revolver, fully loaded, wedged in a crevice between the top and bottom halves of the back seat.

After the weapons had been removed, the contents of the vehicle were inventoried and the vehicle itself towed from the scene. The four defendants were taken to police headquarters and charged under N.J.S.A. 2A:151-41 with the unlawful carrying and possession of the three weapons seized from the car. Defendant Alston was also issued summonses for speeding and for driving with a suspended license.

The trial court granted defendants’ motions to suppress the three weapons obtained in the warrantless search of the car.1 On appeal the Appellate Division reversed the trial court’s order suppressing the shotgun found under the front seat, but affirmed the suppression of the two revolvers seized after defendants had been placed under arrest. In regard to the shotgun the court below held that “once the officers observed the live shotgun shells, reasonable precautions for their own safety justified their ordering defendants out of the car, looking into it cursorily and unwrapping the object observed protruding from under the seat which had the appearance of being a firearm,” [218] citing State v. Kennedy, 134 N.J.Super. 454 (App.Div.1975). Regarding the two handguns, however, the Appellate Division read Ercolano to require that a warrantless search of a car cannot be justified under the automobile exception to the warrant requirement unless both probable cause and sufficient exigent or exceptional circumstances exist. It held that “once the defendants were out of the car, their persons searched, and they were placed under arrest and handcuffed, there were no longer any exigent or exceptional circumstances present justifying the warrantless search of the vehicle.”

We granted the State’s motion for leave to appeal the Appellate Division’s affirmance of the trial court order suppressing the two revolvers, but denied the defendants’ cross-motion for leave to appeal the reversal of the order suppressing the shotgun. Therefore, this appeal involves only the State’s challenge to the suppression of the two handguns, the fruits of the post-arrest search. Because we find that the officers conducted a valid automobile search, we now reverse and remand for trial.

II

As a preliminary matter the Attorney General, as amicus curiae, argues that the defendants lacked the legitimate or reasonable expectation of privacy in the particular areas of the vehicle searched necessary to confer “standing” to challenge the warrantless search as a violation of personal rights under the Fourth Amendment.2 There is some debate over whether the [219] issue is properly before this Court.3 Nevertheless, we believe that the challenge to defendants’ standing raises important questions in the administration of criminal justice in this state. Therefore, we address fully this troublesome issue of Fourth Amendment jurisprudence.

Relying on the recent Supreme Court decisions in Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), and United States v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980), the State argues that defendants Barnes, Williams and Khaliq, as mere passengers in an automobile not owned by them, had no standing to challenge the legality of the search of the vehicle, despite any ownership or possessory interest in the weapons seized. As to defendant Alston, the driver of the vehicle and the son of its owner, the State urges that although he may have legitimately possessed the car, the totality of the circumstances does not suggest that he entertained a reasonable expectation of privacy in the particular areas of the vehicle searched.

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State v. Alston, 440 A.2d 1311, 88 N.J. 211, 1981 N.J. LEXIS 1677 (N.J. 1981).

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