State of New Jersey, Plaintiff-Respondent v. Thomas E. Lund, Defendant-Appellant; State of New Jersey…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded the case, holding that the warrantless automobile search was unconstitutional because the officer lacked a specific, particularized basis to believe the defendants were armed and dangerous. The Court applied Michigan v. Long and Terry v. Ohio, and noted the need for an independent state‑law analysis. Justice GARIBALDI dissented, arguing the search was permissible, while Justice POLLOCK concurred, emphasizing state‑constitutional considerations.