Supreme Court: Video supports vehicle search

TRENTON - The state Supreme Court has ruled that evidence from a police dash-cam video can outweigh long-established guidelines on the validity of a vehicle search.

The high court unanimously found a recording showed a driver had “knowingly and voluntarily” allowed her car to be searched by New Jersey State Police after a traffic stop on Interstate 295 in Burlington County.

A passenger arrested during the traffic stop, Malcolm Hagans, had argued the March 2012 search was improper because the driver initially refused consent.

The search found a loaded gun and a bag of marijuana, leading to a five-year prison term for Hagans.

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In its ruling Monday, the Supreme Court acknowledged circumstances prior to the search matched a majority of five guidelines that help determine whether a motorist’s consent is coerced.

Those included the fact that a state trooper had handcuffed the driver, Shonsheray Carter, and placed her in his vehicle prior to her change of mind. The trooper also tried to persuade Chandler to consent after her initial refusal.

But the high court said the video showed a “totality of circumstances” justified the search. That upheld opinions by Superior Court Judge Terrence Cook in Mount Holly and an appellate panel.

According to the ruling, Trooper John Faust stopped Carter after she changed lanes without signaling in a car with a broken taillight. Hagans was arrested after Faust smelled burnt marijuana in the vehicle.

The ruling said Carter, whose 6-year-old daughter was in her car, consented to a search after learning they would have to wait by the roadside while the trooper sought a search warrant.

According to Monday’s ruling, the appellate court found “Chandler appeared at ease throughout the entire interaction and listened to and calmly considered her options.” It said the trooper’s actions “were not menacing, harassing, or deceptive.”

Similarly, the high court said, the trial judge found the video “more compelling than the results suggested by a mechanical application” of guidelines reached in its King decision more than 50 year ago.

“Here, technological advancements permitted the trial court to better evaluate the manner in which Faust obtained consent,” Monday’s ruling said of the state police vehicle’s mobile video recorder.

“Such possibilities, which are increasingly common today, are precisely why the King Court factors are guideposts rather than rigid absolute authority," the ruling said.

Jim Walsh: @jimwalsh_cp; 856-486-2646; jwalsh@gannettnj.com

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