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State v. Martinez

Superior Court of New Jersey, Appellate Division
Oct 30, 1992
260 N.J. Super. 75 (App. Div. 1992)

Summary

holding that community-caretaking doctrine justified a stop of a vehicle moving “in the middle of the night on a residential street at a snail's pace”

Summary of this case from State v. Vargas

Opinion

Submitted October 1, 1992 —

Decided October 30, 1992.

Appeal from The Superior Court, Law Division, Cumberland County.

Before Judges KING, LANDAU and THOMAS.

Capizola, Fineman, Kutner Pagliughi, attorneys for appellant ( Kenneth A. Pagliughi and Barbara R. Lapham on the brief).

Michael Brooke Fisher, Cumberland County Prosecutor, attorney for respondent ( Jon M. Reilly, Assistant Prosecutor, on the letter brief).


Defendant Jose Martinez here contests his Law Division conviction following appeal from the municipal judgment below, on a charge of driving under the influence of alcohol in violation of N.J.S.A. 39:4-50. Sentence has been stayed pending this appeal.

Martinez was stopped by a State Trooper patrolling Deerfield Township shortly after 2 a.m. on October 8, 1990 when the Trooper observed him driving his vehicle "at a snail's pace," although otherwise presenting no occasion for inquiry. At the time of the stop, Martinez and the police vehicle were the only cars on the street.

Martinez contends that the charges should have been dismissed below on his motion for want of justification for the stop. More particularly, he urges that his conviction "steps beyond the constitutional line" which we set in State v. Goetaski, 209 N.J. Super. 362, 507 A.2d 751 (App.Div. 1986), certif. den., 104 N.J. 458 , 517 A.2d 443 (1986).

Goetaski had been stopped by a State Trooper when observed driving slowly on the shoulder of a state highway at 4:00 a.m., in a rural fifty m.p.h. zone, with his turn indicator flashing. We held that the stop was constitutional after weighing competing concerns for freedom from arbitrary police invasion of privacy expectations against the gravity of the applicable public concern which, in Goetaski, was a legitimate apprehension about the driver's welfare. We agreed with the State's argument that the patrolling trooper had reason to believe that "either there's something wrong with the driver, he's having a problem or there is something out of the ordinary," and that people do not drive slowly on a rural road shoulder in the middle of the night if there's not something wrong. We observed, however, that the stop was very close to the constitutional line. ( See Goetaski, supra, 209 N.J. Super. at 365-366, 507 A.2d 751, and authorities there cited).

Martinez was not in the shoulder of a rural road, nor were his turn indicators or signal flashers activated. He was observed while proceeding on the roadway in a residential twenty-five m.p.h. zone. However, the Trooper testified that Martinez was "travelling at a snail's pace . . . less than 10 [m.p.h.]", the operation was "abnormal" in the sense of being excessively slow, and that he followed Martinez in his own car at less than ten m.p.h. N.J.S.A. 39:4-97.1 expressly prohibits driving at "such a slow speed as to impede or block the normal and reasonable movement of traffic . . .". There was, of course, no prospect that Martinez would create a traffic jam on the residential street at two o'clock in the morning.

We take notice, however, that operation of a motor vehicle in the middle of the night on a residential street at a snail's pace between five and ten m.p.h. is indeed "abnormal," as the Trooper testified. Such abnormal conduct suggests a number of objectively reasonable concerns: (a) something might be wrong with the car; (b) something might be wrong with its driver; (c) a traffic safety hazard is presented to drivers approaching from the rear when an abnormally slow moving vehicle is operated at night on a roadway without flashers; (d) there is some risk that the residential neighborhood is being "cased" for targets of opportunity. Possibilities (a), (b) and (c) involve the "community caretaking function" expected of alert police officers. See, Cady v. Dombrowski, 413 U.S. 433, 441, 93 S.Ct. 2523, 2528, 37 L.Ed.2d 706 (1973); Goetaski, supra, 209 N.J. Super. at 365, 507 A.2d 751; State v. Marcello, 599 A.2d 357 , 358 (Vt. 1991); State v. Pinkham, 565 A.2d 318 , 319 (Me. 1989). Possibility (d) implicates the "common-law right to inquire" based upon a founded suspicion that criminal activity might be afoot. See LaFave, Search and Seizure, Sec. 9.2(h) (2d ed. 1987). It is appropriate to consider all of these applicable concerns and balance them against the minimal intrusion involved in a simple inquiry stop. We are satisfied on this balance that the stop was objectively reasonable and fell far short of the line of unconstitutionality we drew in Goetaski.

Affirmed.


Summaries of

State v. Martinez

Superior Court of New Jersey, Appellate Division
Oct 30, 1992
260 N.J. Super. 75 (App. Div. 1992)

holding that community-caretaking doctrine justified a stop of a vehicle moving “in the middle of the night on a residential street at a snail's pace”

Summary of this case from State v. Vargas

holding investigating "abnormal" driving behavior in the middle of the night involves "community caretaker function"

Summary of this case from Ullom v. Miller

holding investigating "abnormal" driving behavior in the middle of the night involves "community caretaker function"

Summary of this case from Williams v. State

finding that state trooper acted in objectively reasonable manner in stopping vehicle that was moving “at a snail's pace”—less than 10 m.p.h.—around 2:00 a.m. in residential area because “[s]uch abnormal conduct suggests ... something might be wrong” with driver or vehicle

Summary of this case from State v. Scriven

investigating "abnormal" driving behavior in the middle of the night involves "the `community caretaking function' expected of alert police officers"

Summary of this case from State v. Lovegren

In Martinez, supra, 260 N.J. Super. at 77-78, we found "that operation of a motor vehicle in the middle of the night on a residential street at a snail's pace between five and ten m.p.h. is indeed 'abnormal'" and justified a community-caretaker stop.

Summary of this case from State v. Ramos

In Martinez, supra, 260 N.J. Super. at 77-78, we authorized a stop of a vehicle travelling less than ten m.p.h. in a twenty-five m.p.h. residential zone without flashers at 2:00 a.m. because there were reasonable concerns that the driver was in distress, the vehicle was disabled, or the slow driving posed a hazard to other motorists.

Summary of this case from State v. Wiggins

justifying a stop where the defendant drove "on a residential street at a snail's pace between five and ten m.p.h."

Summary of this case from State v. Gautier-Rodriguez

In Martinez, we recognized that a vehicle's "abnormal conduct" late at night justified officers' community caretaking stop because: "(a) something might be wrong with the car; (b)... its driver; [or] (c) a traffic safety hazard is presented to [other] drivers approaching from the rear when an abnormally slow moving vehicle is operated at night on a roadway without flashers[.]"

Summary of this case from State v. V.a.-M.

In Martinez, a police officer observed the defendant traveling at less than ten miles per hour in a twenty- five-miles-per hour zone at 2:00 a.m.

Summary of this case from State v. Scriven

permitting officer to stop car when manner of driving indicates a problem with the vehicle

Summary of this case from State v. Boyd

operating vehicle abnormally justifies motor vehicle stop under community caretaking function

Summary of this case from State v. White

stopping a vehicle moving between five or ten miles per hour in a residential area at 2:00 a.m. was a proper exercise of authority

Summary of this case from State v. Costa

In Martinez, the Trooper testified that defendant was driving his vehicle after 2:00 a.m. "`travelling at a snail's pace... less than 10 [m.p.h.]', the operation was `abnormal' in the sense of being excessively slow...."

Summary of this case from State v. Seymour
Case details for

State v. Martinez

Case Details

Full title:STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE MARTINEZ…

Court:Superior Court of New Jersey, Appellate Division

Date published: Oct 30, 1992

Citations

260 N.J. Super. 75 (App. Div. 1992)
615 A.2d 279

Citing Cases

State v. Seymour

We respectfully disagree with his conclusion. Further, we are satisfied that State v. Martinez, 260 N.J.…

State v. Cryan

Ibid. We returned to the community caretaking issue in State v. Martinez, 260 N.J.Super. 75, 615 A.2d 279…