Warning To The Wise About Your Car's 'Black Box'

If you are charged with criminal activity, the police now have another source of information to use against you, the information stored in your car's 'black box.' The Senate voted to approve NJ A3579, a bill introduced by the NJ Assembly on September 11, 2013 pertaining to the use of information from automobile ‘black box’ recording devices. The information recorded and stored by the ‘black box’ includes location, time of use, number of occupants inside the vehicle, direction of travel and speed. In addition to providing evidence in the case of a motor vehicle accident, the information is also accessible for law enforcement purposes. The text of the NJ A3579 includes the following: “2. a. Except as provided in subsection c. of this section, no person, except the owner of the motor vehicle that contains the recording device, or the owner's representative, may retrieve, obtain, or use data recorded, stored, or transmitted from the recording device, unless: (1) The owner of the motor vehicle, or the owner's representative, consents in writing at the time the data is retrieved, obtained, or used; (2) The recorded data is retrieved or obtained by a law enforcement officer pursuant to a search warrant issued by a judge of the Superior Court or upon order by a court of competent jurisdiction or another administrative authority having jurisdiction to issue such an order;” Although the bill, recently approved by the NJ Senate, limits the use of the stored data, it did not preclude its use by law enforcement. This means that if the police believe that a motor vehicle was utilized in the commission of a crime they may be able to obtain the information from the vehicle’s ‘black box’ that would assist in the investigation and prosecution of any suspects. For more information about specific crimes or criminal defense in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Community Caretaking Is No Exception To Warrant Requirement

Although there is a governmental right to enter a residence, under certain circumstances, for community caretaking functions such entry is not permitted without a search warrant barring exigent circumstances. The community caretaking function permits agents of the state, including police, to enter and search a residence under the pretext of concern for the residents' health and safety. In State v. Vargas, a landlord contacted police and expressed concern that he had not seen the tenant, Vargas, for several weeks nor had he received rent due from Vargas. The landlord knew nothing about Vargas' schedule, habits, family or whether he may have been on vacation. There was no reason for the landlord to believe there was an emergency and no reason the police could not have waited to obtain a warrant before entering Vargas' apartment. However, when police responded to the landlord's call, the landlord opened the door with his keys and the police entered. In plain view, the police found a jar of marijuana when they entered the apartment. Upon the finding of marijuana, the landlord began searching the apartment and found more marijuana. The police then obtained a search warrant and recovered $47,001, guns, ammunition, white powder, scales and additional marijuana. The NJ Supreme Court held there was no reason the police could not wait to apply for a warrant before undertaking the search in the absence of exigent circumstances. The NJ Supreme Court's holding in Vargas specifically included that the community-caretaking doctrine, standing alone and in the absence of some form of exigent circumstances, does not allow the police to conduct warrantless searches of homes. The State cannot use evidence against you if the evidence was obtained illegally. If you are facing charges based on an illegal search and seizure of your residence, vehicle or person you should contact an experienced criminal law attorney immediately to protect your rights. For more information on warrant requirements, drug charges, weapons charges, assault or other criminal charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and is not intended to replace the advice of an attorney.