Legal Question in Criminal Law in New Jersey

I was pulled over 2 days ago when I was on my way to a funeral. The officer asked for my license, registration and insurance, if my license was clean (which it is). The paperwork to my car is all in good standing...when the officer returned to my vehicle, he asked me to step out of the car, searched me and asked if I would consent to having my vehicle searched. I did not consent and I asked on what the basis of him asking to search my vehicle was. The officer did not provide an answer, he simply stated, "I want to search your car, are you going to let me?". Again, I denied consent. I was then forced to stand in 6-degree weather for over an hour while the officer requested a K-9 unit to be sent to assist. Upon initial arrival of the k-9 unit, the dog went around my car 3 times and DID NOT indicate anything. At which time another officer said to me, "Looks like you're free to go." The officer with the k-9 unit then decided to perform another "sniff" test with the dog, only this time the officer appeared to be signaling to the dog where the dog should indicate by the officer tapping on the car. At which time the dog appeared to be listening to the commands of the officer. Ultimately my car was impounded pending a search warrant and I was allowed to go home. My question is: 1. Is there a time limit my vehicle can be held without the police obtaining a search warrant. 2. Should I have been given a voucher for my car and its contents. 3. Is it legal for an officer to request to search my vehicle without so much as clarifying why he/she wants to do so. 4. Is it standard protocol for an officer to seem to be telling the k-9 dog where it should be signaling?


Asked on 1/15/15, 11:02 am

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I think you are looking at all of this the wrong way. First, you have to get you have to figure out if you are getting charged or not. You know what's in that car and what the deal is. If you get charged, you have more important things to worry about. If you don't get charged, most of your questions are academic at that point. If you have something to worry about here, call a lawyer, hire him/her and let that attorney handle all legal issues for you. Call me at 1-855-9JEFLAW to discuss.

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Answered on 1/15/15, 12:38 pm


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