The Supreme Court issued a joint order today in four combined cases that sought to have the court do a back flip on Pena Flores. The State alleged that Pena Flores has been too big a burden on law enforcement and has resulted in less detection of criminal conduct. They supported this with NJSP data.
FOR NOW THE COURT REJECTED THE ATTORNEY GENERAL’S REQUEST THAT THE PENA-FLORES DECISION BE THROWN OUT.
Arguably, the state troopers wanted to get rid of the telephonic warrant requirement. It would explain their lack of confidence in the NJSP data.
Well, anyway Pena survives intact despite speculation as to why the court had granted cert on these cases. Now we know. View the court’s order here.