Two recent rulings from a New Jersey court may allow defendants and the public to view police dashboard camera footage from traffic stops. The plaintiffs sought videos from specific stops, both involving alleged police misconduct, under the state’s Open Public Records Act (OPRA). The Ocean County Prosecutor’s Office (OCPO), a…
Articles Posted in Motor Vehicle Stop
Driver Successfully Fights DWI by Citing First Amendment
The act of flashing one’s headlights or high beams at another driver can have many different meanings, one of which is to warn that a speed trap is ahead. Some states have enacted laws prohibiting this practice, ostensibly for public safety. New Jersey’s statute, for example, prohibits flashing headlights that…
New Jersey Law Enforcement Patrol Vehicles Required to Have Video Cameras Under New Law, Funds to Come from New DWI Surcharges
Police patrol cars in New Jersey must be equipped with video cameras under a new law passed by the New Jersey Legislature and signed by the Governor in September 2014. The law takes effect during a time when police accountability is a topic of national interest. Video cameras, either worn…
Courts Change Procedures for Issuing Warrants After Supreme Court Limits Warrantless Blood Testing of DWI Suspects
A decision issued by the U.S. Supreme Court last year limits the ability of police to take a blood sample from a DWI suspect without consent or a warrant. Missouri v. McNeely, 133 S.Ct. 1552 (2013). The Fourth Amendment protects people from unreasonable searches and seizures, and generally requires law…
New Jersey DWI Car Stop Based on a “Tip Call”
Most New Jersey DWI automobile stops occur when a police officer has personally viewed a traffic violation. The officer then reports the violation in his or her report, and this is then the subject of scrutiny as to whether the officer had the requisite “reasonable articulable suspicion of criminal activity”…