Appellate Division upholds traffic stop for rearview mirror "obstruction"
The New Jersey Appellate Division ruled Friday that it is permissible for law enforcement to pull over a vehicle for having anything hanging from their rearview mirror if the officer believes that the items obstruct the driver's view. For information on this decision, see the Asbury Park Press article. This is a terrible decision which has significant consequences for drivers in New Jersey.
Now, police officers can pull over any driver who has anything hanging from their rearview mirror (such as fuzzy dice or a car freshener) and claim that this object obstructs the driver's view of the road. According to the Appellate Division, this is sufficient probable cause for the traffic stop. Then, police can issue other summonses once they execute the traffic stop. Remember, police still cannot search the vehicle without sufficient probable cause. However, if marijuana or other drug paraphernalia is in "plain view" when the officer executes the traffic stop, this is an exception to the warrant requirement and the officer may arrest the driver for possession of marijuana or possession of drug paraphernalia. Further, even if nothing is in plain view, if the officer alleges that he smells marijuana on the driver, this can be sufficient probable cause to search the vehicle. Thus, this decision gives law enforcement significant leeway to pull someone over for something extremeley minor (like having fuzzy dice hanging from the rearview mirror) and then execute a traffic stop to potentially create more serious criminal or traffic charges.
The moral of the story is: Don't hang anything from your rearview mirror or police can now lawfully pull you over.
