NJ ‘Nervous’ Driver’s Behavior Ruled Sufficient for K-9 Search

A nervous driver dodging police questions is enough to overcome privacy protections and call in a drug dog for a vehicle search, a New Jersey appeals court ruled Friday.

A driver’s Fourth Amendment right to privacy protecting against a prolonged police stop can be overcome if “circumstances give rise to an articulable, reasonable suspicion” that criminal activity is happening. That test can be met solely through a driver’s failure to answer questions well, the New Jersey Superior Court Appellate Division ruled.

“However, to conduct an investigatory stop of a motor vehicle, there must be some objective manifestation the suspect was, ...