Legal Question in Traffic Law in New Jersey

pulled over without probable cause

I was pulled over tonight and issued a summons for an expired car registration (true enough, it expired last month and I didn't notice). When I asked the officer how he knew, he said his partner is running license plates at random, and he said the police are allowed to do that. I said, ''Where's the probable cause?'' He said he didn't need any. Is he correct? Can I fight it?


Asked on 6/24/03, 9:54 pm

2 Answers from Attorneys
Jeffrey Weinstein Jeffrey L. Weinstein, Attorney at Law

Re: pulled over without probable cause

The officer is correct. A NJ Supreme Court opinion says that police can run random plate checks, and if they find a violation, they can stop you.

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Answered on 6/24/03, 11:34 pm
John Pinho John Pinho

Re: pulled over without probable cause

Unfortunately (for the rights of Citizens), the New Jersey Supreme Court decided in State v. Donis that police officers can "randomly" check license plates to determine if the registration is expired, suspended, or if the owner of the car is suspended. Some Police Departments make it a practice to run license plates. Police officers are pulling individuals over not for traffic violations but for expired registrations, and suspended registrations after running their license plate. In the wrong hands, a Mobile Data Terminal (MDT) in a police car can lead to racial profiling--an unfortunate byproduct of the New Jersey Supreme Court's decision to approve the practice.

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Answered on 7/02/03, 12:48 am


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