State v. Bowens
Defendant challenged the stop of a car in which he was a passenger. Officers stopped car for turning without a turn signal, discovered there was an outstanding warrant for defendant, arrested him and found illicit drugs. Defendant pled guilty after his motion to suppress was denied.
Defendant argued officers did not have a legally viable basis to stop car. Officer testified he stopped car due to the failure to use a turn signal, driver did not have a driver's license, passenger in the rear seat was very nervous and when officer asked him to step out, officer saw a wax paper fold where passenger had been sitting. Officer asked defendant to step out so officer could search car and defendant was arrested on an outstanding warrant and a search of his person yielded suspected illicit narcotics.
Motion judge accepted officer's testimony as credible and found he had reasonable suspicion to believe driver had committed a motor vehicle infraction. Defendant's argument that officers did not have an "articulable basis" to conclude the turn "might have an effect on traffic" failed. An officer could rely on N.J.S.A. 39:4-126 to make a lawful motor vehicle stop even if the only vehicle that might be affected by driver's failure to signal was the police car behind it.
Source NJLJ April 16, 2021
