In State v. Witt, 223 N.J. 409, 415 (2015), the Supreme Court revised the standards under New Jersey law governing police searches of motor vehicles that have been lawfully stopped at the roadside. The Court held such roadside searches may be conducted without a warrant if: (1) the police have probable cause to believe the vehicle contains evidence of criminal activity; and (2) the situation arose from unforeseeable and spontaneous circumstances. Id. at 446-48.
The appellate court declines to engraft upon Witt a limitation that would disallow such otherwise-permissible roadside searches in situations where the police have a basis to tow away and impound the vehicle. Consequently, the trial court's suppression order that was founded upon such a rationale is reversed. Moreover, there was no unreasonable delay in this case by the officers in making their decision to proceed with the search at the scene based on probable cause.