Yet again, New Jersey’s Appellate Division has tossed a weapons conviction - this time dismantling an 8-year prison sentence - because police violated basic constitutional protections.
In a sharply worded opinion released on Thursday, the court overturned the conviction of Jakil J. Bryant after Highland Park police officers conducted an illegal search of a backpack without a warrant.
Police had no arrest warrant for Bryant, and the car in which he was a passenger had not committed any traffic infraction that would have justified a lawful stop. The entire interaction stemmed from a vague “Be-On-The-Lookout” (BOLO) alert, which merely associated Bryant’s name with a prior shooting investigation.
When officers found a parked white Toyota Camry with two individuals asleep inside, they waited until a female passenger exited the vehicle with a backpack, then seized and searched it on the spot - without a warrant.
According to the testimony of Officer Sams, no exigency truly existed. When asked why officers didn’t wait for a warrant, he offered sweeping justifications: “Knowing there was a BOLO for the suspect possibly having a weapon, we wanted to search it right there… for the safety of all of us before transporting her back.”
Sams even went as far as to claim that the bag might have contained “a bomb,” and thus needed to be opened immediately.
The court was not convinced.
The panel ruled that the search did not fall under the automobile exception (since the backpack had been removed from the vehicle) and found no exigent circumstances that would have excused bypassing a warrant. Nor could the search be justified by concern for officer safety, especially when the bag was already in police custody and the suspect was not resisting or posing an immediate threat.
“This case is a clear reminder,” the opinion declared, “that constitutional safeguards cannot be discarded in the name of vague suspicion or police convenience.”
The Appellate Division’s decision continues a growing pattern of judicial pushback against unlawful searches and overbroad police discretion. It reinforces a critical message: there is no 'probable cause exception' to the warrant requirement.
For the second time in mere days, an appellate panel has told law enforcement: do your job - but do it constitutionally.
Bryant was represented in his appeal by Assistant Deputy Public Defender Margaret McLane.
To join the FAA News WhatsApp Status, click here.
No comments:
Post a Comment