On May 8, 2019, the New Jersey Supreme Court decided the case of State v. Dwight M. Nelson (8-60-17) and held that a police officer’s traffic stop was prolonged but nonetheless justified because the police officer had “reasonable and articulable suspicion necessary to prolong the stop… .” A state police detective had received a tip that a vehicle, then traveling on the New Jersey Turnpike, was transporting a large quantity of marijuana. Sometime after the tip was received, the vehicle was stopped for violation of several traffic laws. When the detective approached the driver’s window, he detected a strong smell of an air freshener and, based on his experience, concluded that air fresheners can be used to mask the odor of drugs.

The officer noticed that the driver was sweating and appeared quite nervous. After he offered conflicting stories of where he was bound, the officer noticed two large bundles in the car. Questioning the defendant, the latter admitted that he had previously been arrested for possession of marijuana. In the belief that the car did contain narcotics, the detective asked for permission to search the vehicle, but that was denied. Accordingly, the officer called for a canine unit and some 30-plus minutes later, the unit arrived. The canine reacted positively for the presence of narcotics, and the defendant was then arrested.