In a striking rebuke of law enforcement overreach, the New Jersey Appellate Division has just thrown out key evidence in a high-profile drug trafficking case, delivering a sharp reminder that constitutional protections cannot be bypassed - even when police have probable cause.
The case, State v. Maurice E. Johnson, centers on the New Jersey State Police's decision to install a GPS tracker on Johnson’s SUV while it was parked in his driveway. Although officers had obtained a Communications Data Warrant (CDW) to monitor the vehicle's movements, the warrant did not authorize them to enter Johnson’s private property. Initially, the plan was to attach the device while the vehicle was on public property, but when that failed, officers entered Johnson’s driveway without seeking additional judicial approval.
In a landmark, published ruling just released, the New Jersey Appellate Division found this action to be a clear violation of both the Fourth Amendment and Article I, Paragraph 7 of the New Jersey Constitution. The judges emphasized that the area of the driveway where the SUV was parked constituted part of the home's "curtilage," which is afforded the same privacy protections as the interior of the home. They further noted that the officers' entry onto the property exceeded any "implied license" typically granted to visitors, as the act of installing a concealed GPS device is not something a visitor or delivery person would be expected or permitted to do.
In a stern admonition, the court stated:
> “Having a strong basis for obtaining a search warrant does not excuse the requirement to get one before conducting a search.”
They further clarified:
> “There is no probable cause exception to the warrant requirement; probable cause is a threshold prerequisite for a warrant, not a substitute for one.”
As a result of this constitutional breach, the court suppressed all evidence obtained from the GPS tracker. This included data that allegedly revealed patterns consistent with drug trafficking and led to the discovery of drugs, firearms, and a substantial sum of money in a storage unit linked to Johnson.
This ruling serves as a potent reminder to law enforcement agencies that constitutional safeguards are not mere formalities. Even in the pursuit of criminal activity, adherence to legal procedures is paramount. The decision underscores the judiciary's role in upholding civil liberties and ensuring that the ends do not justify the means when it comes to law enforcement practices.
To join the FAA News WhatsApp Status, click here.
No comments:
Post a Comment