State v. Dickey

State v. Dickey, 152 N.J. 468, 706 A.2d 180 (1998), involved the detention of a driver and occupant of a motor vehicle pending ascertainment of the owner of the vehicle, where responses of the driver and occupant evoked legitimate police suspicion regarding the contents of the trunk. The New Jersey Supreme Court held that a two-and-one-half- to three-and-one-half-hour detention between the initial stop and the establishment of probable cause was unconstitutional. The Court observed: "This is not to say that a stop over two hours can never be permissible, but any detention of that duration must be justified by the circumstances." Id.at 482, 706 A.2d 180. In State v. Dickey, the driver was stopped for driving under the speed limit at 10:36 p.m. The Court found that taking the driver and the defendant-passenger to the State Police barracks because they were nervous and could not provide the owner's name and address or the vehicle's registration and insurance card, and holding them at the barracks while awaiting the "narcotics detection dog" to arrive and signal the presence of narcotics in the trunk "sometime between one and two in the morning," id. at 472-73, 706 A.2d 180, was excessive, id. at 479, 706 A.2d 180. This was so notwithstanding the defendant's execution of a consent to search form at 2:45 a.m. Id.at 473, 706 A.2d 180. In other words, "the combination of the duration of the detention and the degree of intrusion upon the liberty of the motorists exceeded" what is authorized by the Constitution. Id. at 479, 706 A.2d 180. In articulating the Court's decision, Justice O'Hern noted the relevant factors in determining the difference between "an investigative stop and a de facto arrest," including the fact that "courts have . . . held that transporting a suspect to another location or isolating him from others can create an arrest." Dickey, supra, 152 N.J. at 479, 706 A.2d 180. The Supreme Court noted in Dickey, if a detention is "the functional equivalent of an arrest," it must be based on probable cause, regardless of the length of detention. Dickey, supra, 152 N.J. at 478, 706 A.2d 180. Indeed, even if a stop is no longer than required to investigate, it can still constitute "an illegal arrest if the stop is more than 'minimally intrusive.'" Ibid. Thus, if the police officers' conduct is more intrusive than minimally required, an investigative stop will rise to a "de facto arrest." Ibid. Moreover, an investigative stop might be a de facto arrest if there is undue delay in the legitimate investigation by police, transporting a suspect to a different location or separating him from others, subjecting the person to unnecessary delays, putting the person in a police car, or handcuffing the person. Id. at 479, 706 A.2d 180.