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New Jersey - NJ Court: Police OK To Stop Motorists For Rearview Mirror Ornament

Published on: August 2, 2009 04:22 PM
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New Jersey - A state appeals court says it’s OK for police to stop a motorist who has little boxing gloves, fuzzy dice or other items hanging from the rearview mirror if the officer believes the items obstruct the driver’s view.

The Appellate Division of Superior Court decision Friday came in the case of Brian T. Barrows, a New York man who was a passenger in a car stopped by Hazlet officer Ted Wittke because the driver had 3 1/2-inch-by-3 1/2-inch boxing gloves hanging from the rearview mirror. After the stop, Barrows was charged with drug possession.

Barrows argued that the evidence of drug possession should be thrown out because the motor vehicle stop was unlawful in the first place.

The appeals panel ruled, however, that the stop was constitutional, a decision that disappointed Barrows’ public defender, Morris County lawyer Joseph Anthony Manzo.

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“Now, watch out,” Manzo said. “A cop can pull you over for having anything hanging from your mirror.”

Drivers who hold dear their rearview mirror attachments, such as religious medals, funeral cards, graduation tassels, crystals, air fresheners or fuzzy dice can be pulled over as a result of this decision, Manzo said.

The appeals court ruling upheld a Superior Court decision in Monmouth County in which the judge denied a motion to suppress the drug evidence found following the traffic stop.

Barrows pleaded guilty to the drug possession and was placed on probation. But he appealed the denial of the suppression motion, maintaining that state law does not prohibit items hanging from a rearview mirror, and that the boxing gloves did not unduly interfere with his vision.

Manzo argued that “there was no objectively reasonable legal basis for the police to stop” the vehicle he was riding in and that evidence found on his client should be suppressed.

The state could not say what exactly is considered in the category of what “unduly interferes” with the driver’s vision, referring to part of the statute that was cited in the original charge against the driver, Manzo said.

But the appeals court disagreed with Barrows interpretation of the statute regarding items hanging from the rearview mirror. The ruling also states: “Defendant contends that the officer never articulated how the boxing gloves actually unduly interfered with the driver’s vision and, thus, the statute was not satisfied. Defendant is wrong. Wittke testified that he believed the swaying boxing gloves ‘obstructed’ the driver’s view.”

Manzo said that courts in Massachusetts, Colorado, Pennsylvania and California have ruled a police officer may not pull someone over simply for having something hanging on the mirror. In New Jersey, though, the object does not have to cause a problem for the driver, it just has to be present for an officer to pull over a car, Manzo argued.

Manzo said the state needs to have an “objectively reasonable standard” that can be used to determine whether the boxing gloves interfered with the driver’s view.

“Our New Jersey law is not real clear,” Manzo said.

“There are so many people driving around with these small items,” Manzo said. “It doesn’t say it has to be a perfectly clear view.

Barrow was charged by Officer Wittke with possession of controlled dangerous substances — cocaine and methamphetamine — found following the traffic stop on Route 35 in Hazlet in October 2005.

According to the appellate decision, Wittke observed Barrow acting suspiciously, as if to conceal something. A drug-sniffing police dog indicated the presence of drugs, it said. Barrow offered police the items in his pocket including a cigarette pack, it said, and in it, they found glassine envelopes with the drugs.

The driver of the car was issued a summons regarding the miniature boxing gloves. He pleaded guilty and paid a fine, according to the appeals court ruling.


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1

 Aug 02, 2009 at 04:05 PM ShatzMatz Says:

It is ironic that the tefillas haderech cards many schools have chikdren make for their parents might actually have a detrimental effect. It might result in a ticket, or worse, an accident.

2

 Aug 02, 2009 at 04:53 PM it doesnt matter Says:

it doesnt matter what the court ruled, if they want to stop someone they will stop her, because they do what they want and we are all little pawns in the big picture, can't fight city hall.

3

 Aug 02, 2009 at 06:28 PM Anonymous Says:

Reply to #1  
ShatzMatz Says:

It is ironic that the tefillas haderech cards many schools have chikdren make for their parents might actually have a detrimental effect. It might result in a ticket, or worse, an accident.

Instead of hanging them on the mirror, why not try a radio nob or something else on the passenger side of the dash board? However, I totally agree with #2.

4

 Aug 02, 2009 at 05:31 PM Anonymous Says:

What About My EZ Pass Or Gps

5

 Aug 02, 2009 at 06:56 PM stopped for nothing Says:

I was once a front seat passenger with a friend an "oiberchuchem" in rural NJ and there was a cop who had pulled someone over in the opposite lane/shoulder. The cop had his spot light on and it practically blinded us. As we passed him my friend shouted out the window for him to shut it off cause it's dangerous and he immediately turned around and pulled us over. Upon inquiry, he officially informed us that he pulled us over for two reasons 1) because the plate had a frame around it (it said something like "wheels to Lease" or " plaza auto mall" ) and 2) because he had a freshener on his rear view mirror! So beware, a frame around your plate in NJ will cost you. These laws are in place for exactly that reason, that he can pull you whenever he feels like it

6

 Aug 02, 2009 at 09:12 PM Barry Says:

I was driving on the Garden State Parkway and got pulled over for speeding.
The officer gave me 1 ticket for speeding and another ticket for "obstruction of view" because my gps was on my windshield. He informed me that it is illegal in N.J.
Be careful.
Its a recession and these pigs need your hard earned money.

7

 Aug 02, 2009 at 09:04 PM Anonymous Says:

It's a stupid law, my tefilas haderech that my kid made in school, does not obstruct my vision.

8

 Aug 02, 2009 at 08:32 PM Anonymous Says:

Reply to #4  
Anonymous Says:

What About My EZ Pass Or Gps

You are supposed to put your E-Z Pass directly in front of where the rear view mirror hangs so it does not obstruct your view. I'm betting, however, your GPS, if on the dash in front of the windshield could yield the same ticket as the air freshener hanging off of the mirror.

9

 Aug 02, 2009 at 08:02 PM Loshon Hora Says:

I don't stick my GPS to the window for that reason.

10

 Aug 02, 2009 at 10:34 PM Anonymous Says:

sorry to say the gps on the window is a hazard it is forever falling off while driving.

11

 Aug 03, 2009 at 12:16 AM Anonymous Says:

I hate my EZ pass on the window. but the cops are really going on a feeding frenzy, and the fundraising continues, otherwise it is their jobs on the line - it is us or them! thats what we get for paying one of the highest tax rates in the country..... big govt we need to pay for!

12

 Aug 03, 2009 at 09:06 AM Anonymous Says:

what about the handicap decals that hang from the mirror? are they going to start giving the handicap tickets too?

13

 Aug 03, 2009 at 11:58 AM Anonymous Says:

Reply to #12  
Anonymous Says:

what about the handicap decals that hang from the mirror? are they going to start giving the handicap tickets too?

look at the instructions...it tells you that the placard is not to be hung while driving...only whist parked

14

 Aug 03, 2009 at 12:17 PM Abe Says:

This is a law in New York as well. I was once driving on the 17k in the Catskills when the speed limit dropped. I must have been going about 15 MPH over the limit when a cop pulled me over. I was very respectful to him, so Baruch Hashem he only gave me ticket for obstruction of view. No points and only $45. Being nice always pays when you're pulled over.

15

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