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

Summary

The New Jersey Supreme Court reversed the Appellate Division and remanded, holding that the warrantless protective search of the automobile was unconstitutional because the officer lacked a specific, articulable basis to believe the defendants were armed or dangerous. The Court applied Terry v. Ohio and Michigan v. Long, finding the facts insufficient to justify the search, and emphasized the need for an independent state‑constitutional analysis. Justice Garibaldi dissented, arguing the search was reasonable, while Justice Pollock concurred, stressing the importance of state‑law grounds.