Legal Question in Traffic Law in New Jersey

In New Jersey... I was caught in a road-block-style police stop for the purpose of catching motorists not wearing seatbelts. The local police utilized a "Hidden Spotter" located about a city block BEFORE the roadblock check point to identify motorists who were not wearing their seatbelts.The "Spotter radioed ahead to the roadblock informing the checkpoint officer about the motorists' seatbelt status. Those motorists not wearing seatbelts were herded into a gated impound area.The police in the impound proceeded to ticket those who were not wearing seatbelts. I have heard from various NJ law eforcement personnel who have told me that all police MUST be in plain view in order for a traffic stop to be ethical and legal. Does a "Hidden Spotter", described above, make such a traffic stop illegal in New Jersey? Does this type of setup constitute police entrapment???????

Thanks in advance for your response!

George H.


Asked on 11/08/09, 1:51 pm

2 Answers from Attorneys
Jay Arnesen Jay M. Arnesen, Esq.

Hi George. In New Jersey, police do not have to be in plain view to the public and/or motorists in order for a traffic stop to be ethical or legal. In fact, police use high powered binoculars on a regular basis to build probable cause to make arrests in drug trafficing areas. Additionally, police commonly attempt to shield their vehicle's from motorists when using radar and other devices to observe and monitor roadways. Lastly, this is not police entrapment because the motorist was not enticed into not wearing or taking off their seat belt. I hope this helps.

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Answered on 11/13/09, 3:18 pm
Gary Moore Gary Moore Attorney At Law

The police are allowed to sneak around to catch offenders. Entrapment would only occur in your case if an officer, undercover, induced you to not wear your seatbelt, overcoming your nature tendency to use it.

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Answered on 11/13/09, 3:57 pm


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