State v. Eckel

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the warrantless search of an automobile based on less than probable cause cannot be justified under any exception to the warrant requirement and is unreasonable
• holding New Jersey Constitution prohibits search of auto incident to arrest where occupant removed from vehicle and secured elsewhere
• holding New Jersey Constitution prohibits search of auto incident to arrest where occupant removed from vehicle and secured elsewhere
• reaffirming that arresting an occupant of a vehicle does not automatically permit the vehicle to be searched
• noting that “we have not hesitated in the past to afford our citizens greater protection against unreasonable searches and seizures under Article I, Paragraph 7 than would be the ease under its federal counterpart”
• declining to adopt Belton and holding that under the New Jersey Constitution the search-incident-to-arrest doctrine applies only \to ensure police safety or to avoid the destruction of evidence\

Source: CourtListener parenthetical corpus (CC0).