296 A.3d 480
N.J.2023Background:
- Confidential informant (CI) tipped police that Cohen traveled to the Carolinas to pick up firearms; a BOLO identified two vehicles used by him.
- Trooper Travis stopped one vehicle for traffic violations; he smelled a "strong odor of raw marijuana" and observed "shake" on the driver.
- Officers handcuffed the occupants and searched the passenger compartment, finding a spent 9mm casing but no marijuana.
- Without a warrant, the trooper then opened the hood and found a rifle and revolver in the engine compartment and later found hollow-point rounds in the trunk.
- Defendant moved to suppress; the trial court denied the motion (citing Kahlon), Appellate Division affirmed, and the Supreme Court granted limited certification.
- The Supreme Court reversed, holding the engine-compartment and trunk searches exceeded the automobile-exception scope and suppressed the evidence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the odor of marijuana provided probable cause under the automobile exception to search the engine compartment and trunk | Smell of raw marijuana (plus BOLO) gave probable cause to search vehicle compartments beyond the interior | General odor and "shake" indicated only possible personal use; no facts justified searching hood or trunk | Reversed — smell alone did not justify searching engine compartment or trunk after interior search revealed no marijuana; evidence suppressed |
Key Cases Cited
- State v. Patino, 83 N.J. 1 (1980) (search of trunk invalid where only small amount of marijuana was found in interior; scope must be tied to probable cause)
- State v. Guerra, 93 N.J. 146 (1983) (strong odor plus other facts, including trunk sagging, supported trunk search under automobile exception)
- State v. Kahlon, 172 N.J. Super. 331 (App. Div. 1980) (App. Div. upheld trunk search where marijuana found in interior and officers could not pinpoint odor source)
- State v. Sarto, 195 N.J. Super. 565 (App. Div. 1984) (upheld trunk search where interior marijuana could not explain continued strong odor)
- State v. Walker, 213 N.J. 281 (2013) (recognizes odor of marijuana can constitute probable cause that an offense occurred)
- State v. Witt, 223 N.J. 409 (2015) (automobile-exception requires circumstances to be unforeseeable and spontaneous)
- Terry v. Ohio, 392 U.S. 1 (1968) (search reasonable at inception may become unreasonable in scope or intensity)