Keaton Police should not have ordered driver out of car on traffic stop....

Police should not have ordered driver out of car on traffic stop.  State v. Keaton ___NJ ___ (2015) (A-92-13)

The law enforcement officer was required to provide defendant with the opportunity to present his credentials before entering the vehicle. If after giving a defendant that opportunity, he or she is unable or unwilling to produce the registration or insurance information, only then may an officer conduct a search for those credentials. Here, because defendant was never provided with such an opportunity, the seizure of the contraband was unlawful under the plain view doctrine. Further, the community-caretaking doctrine was inapplicable because there was no need for an immediate warrantless search to preserve life or property.

Police should not have ordered driver out of car on traffic stop.  State v. Keaton  Decided August 3, 2015

FERNANDEZ-VINA, J., writing for a unanimous Court.

 In this appeal, the Court considers the circumstances under which a law enforcement officer may legally enter a disabled vehicle to obtain the driver’s registration and insurance information without first requesting the driver’s permission or allowing the driver the opportunity to retrieve the documents himself.

In March 2009, New Jersey State Trooper William Jacobs was patrolling I-295 when he was called to the scene of an automobile accident. When he arrived, he saw a black sedan overturned in the median. Defendant Duran Keaton, the vehicle’s driver, had already been removed from the car and Emergency Medical Technicians (EMTs) were treating injuries to his face. In addition to ensuring the safety of the driver, clearing the scene, and restoring the flow of traffic, Trooper Jacobs was responsible for preparing a mandatory accident report. To complete the report, he was required to obtain the name of the driver, the vehicle’s registration, any insurance information, the vehicle identification number (VIN), the driver’s license number, and the owner’s address. The trooper did not ask defendant for the documents, but went to the overturned vehicle to obtain them.

Once inside the vehicle, Trooper Jacobs observed a handgun in an open backpack. He also saw a small bag of marijuana near the dashboard. He then located defendant’s identification, insurance information, and registration. Defendant was arrested and subsequently charged with multiple weapons offenses. Defendant filed a motion to suppress in which he asserted that the trooper’s entry into the vehicle indicated an intent to conduct a search of the vehicle, not merely an intent to retrieve the documents. He further asserted that the trooper should have spoken to him to discuss the vehicle’s ownership prior to entering the car. In response, the prosecution argued that the trooper satisfied the plain view exception to the warrant requirement and lawfully viewed the items seized. The trial judge denied defendant’s motion to suppress. The judge found the trooper’s testimony to be credible and concluded that he properly seized the gun and marijuana after discovering those items in plain view. The court noted that the trooper immediately recognized the handgun and marijuana as contraband and found that discovery of the contraband was inadvertent. Defendant entered a guilty plea and was sentenced to a four-year term of non-custodial probation, along with mandatory fees and penalties.

         Defendant subsequently appealed. On October 29, 2013, in an unpublished opinion, the Appellate Division reversed the trial court and held that the search of defendant’s car violated the Fourth Amendment. The panel held that the trooper could only enter the vehicle if defendant was “unable or unwilling” to produce his license and registration. Because defendant’s injuries were not life-threatening, the court found that the trooper should have: (1) afforded defendant the opportunity on his own, or with the help of another, to retrieve the documentation; (2) recovered the documents or information from defendant at the hospital; or (3) waited until defendant was released from the hospital to obtain the information. This Court granted the State’s petition for certification. 217 N.J. 588 (2014).

           HELD: The law enforcement officer was required to provide defendant with the opportunity to present his credentials before entering the vehicle. If after giving a defendant that opportunity, he or she is unable or unwilling to produce the registration or insurance information, only then may an officer conduct a search for those credentials. Here, because defendant was never provided with such an opportunity, the seizure of the contraband was unlawful under the plain view doctrine. Further, the community-caretaking doctrine was inapplicable because there was no need for an immediate warrantless search to preserve life or property.