October 23, 2016

Police can stop for broken taillight. State v. Sutherland

Police can stop for broken taillight. State v. Sutherland 445 NJ Super. 358
(App. Div. 2016)
A police officer stopped defendant's car because one of the four taillights was not illuminated. The Law Division granted defendant's motion to suppress finding that N.J.S.A. 39:3-61(a) and -66 only required one functioning tail light on each side and the officer's mistake rendered the stop unreasonable. 

The court reversed, noting the confusing state of Title 39 and concluding that the officer had reasonable and articulable suspicion of a motor vehicle violation.

No comments: