Proof of Vehicle Ownership

In this archive episode, Dennis discusses some case laws and offers tips on getting proof of vehicle ownership in the case of being unable to identify the driver. Recorded on 03/23/2018. State V. Ornette Terry and searching cars in NJ for vehicle documents decided 03/14/18 (NJ Supreme Court). HELD: Sufficient credible evidence supported the trial court’s determination that the defendant was given an adequate opportunity to present the vehicle’s registration before the search commenced. When a driver is unwilling or unable to present proof of a vehicle’s ownership, a police officer may conduct a limited search for the registration papers in the areas where they are likely kept in the vehicle. When a police officer can readily determine that the driver or passenger is the lawful possessor of the vehicle—despite an inability to produce the registration—a warrantless search for proof of ownership will not be justified. Argued October 11, 2017 -- Decided March 14, 2018 -- Corrected March 16, 2018 ALBIN, J., writing for the Court. The Court considers whether an officer acted reasonably, in accordance with New Jersey precedents permitting a limited registration search without a warrant and the dictates of the Fourth Amendment and Article I, Paragraph 7 of the State Constitution, when he searched defendant’s glove box. Union Township Police Officer Devlin observed defendant’s GMC truck run a stop sign and almost strike his patrol car. Officer Devlin activated the overhead lights and siren. Defendant did not pull to the side of the road. Instead, without signaling, he zigzagged back and forth from the right to the left lane in traffic. Officer Devlin relayed the truck’s license plate number to a dispatcher, who notified him that the vehicle was a Hertz rental, which had not been reported stolen. After a half-mile, defendant turned into a gas station where he came to a stop. Officer Devlin parked his patrol car behind defendant’s truck while a backup police officer in a marked unit pulled in front of the truck, effec