Possession of Drugs on Exited Passenger Does Not Permit Search of Car. State v. Wilson 178 NJ 7 (2003).

Consistent with the State and federal constitutions, a warrantless search is presumed invalid unless it falls within one of the recognized exceptions to the warrant requirement, and the State bears the burden of demonstrating that the search falls within one of those exceptions. The automobile exception to the warrant requirement requires that the State demonstrate both probable cause and exigent circumstances. Probable cause requires, in turn, that the police action emanate from a well-grounded suspicion that a crime has been or is being committed. The definition of probable cause used to evaluate a warrantless search is the same as for a search warrant. The “four corners” concept applied to search warrants is applicable in the case of a warrantless search in that the trial court must decide whether the State has justified its warrantless conduct based on the “four corners” of the evidence presented at the suppression hearing.
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