Handicap Parking New Jersey

[muthaof2]

My question involves a traffic citation from the state of: New Jersey. I parked in a handicapped space to enter a local store. Hanging from my rearview mirror is a handicap placard and my passenger is handicap w/ crutches and leg brace. As I am exiting my vehicle to enter the store, an officer pulls up to harrass someone that was illegally parked in the space next to me. I continued to enter the store once I realized he was not trying to get my attention. As I am waiting on my order, I look out the store window and see the officer has blocked by vehicle with his patrol car and he is opening/entering my vehicle without permission. I continue to wait for my order and am not worried, b/c in my mind I am not illegally parked. When I return to my vehicle, the officer ask for my license, registration, and insurance. I asked why and he stated that he is going to issue me a summons. I asked for what, he stated that I am illegally parked. I told him that I wasn't, my passenger is handicapped and his placard is hanging from my rearview mirror, which he clearly saw when he violated my 4th Amendment by entering my vehicle without my permission. His response was that I am abusing the use of the handicapped placard b/c my passenger stayed in the car when I parked.(I looked online under DMV for NJ and did not find anywhere that stated the handicap individual had to exit the vehicle if parked in a handicap space) As I am speaking with the officer, my passenger exited the vehicle to use the restroom in the store. Keep in mind, all of this happened within 5-7mins. The officer went to his patrol car to do his job as I waited outside of my vehicle, when he returned he handed my credential to me and proceeded to put the summons on my windshield. I stopped him and asked why he was putting it there, why not just give it to me, so he did. I told him that I wasn't abusing a handicap space and i feel the ticket is unlawful, he told me to tell it to the judge. I responded that I will, along with all the witnessess who were there. He responded "good and my patrol car has a camera as well". At this point I decided to video the situation with my camera phone of my passenger exiting the store and the patrol car behind my vehicle as well as the handicap placard hanging from my rearview mirror. Once the officer pulled off, I went back into the store and the store associates wrote and signed a witness statement, stating that they noticed the placard in my window, they seen my passenger exit my vehicle/enter the store, and the police officer entering my vehicle without my permission. I would like to know if my 4th amendment was violated when the officer entered my vehicle without my permission and if so, how would it benefit me to exercise my 4th amendment right (ie, can i sue, can i get him fired)? Also, can I fight this bogus ticket? Will the witness(s) statement/video help in court?

[jk]

I have no idea why he got into your car and since there was a person sitting in the car, I would suspect that person should have told them to get out of the car or just maybe, they allowed the entry.

as to how it affects your ticket; it doesn't. There was nothing concerning the search whether it be legal or illegal that would involve the citation.

[muthaof2]

My passenger did not allow the entry........
I know his unlawful entry is a seperate issue from the summons. Sorry if I did not make my question clear.

My 1st question has to do with my rights being violated:

Was my 4th Amendment violated when the officer entered my vehicle without my or anyone else's permission?
If yes, what can I do to take action against the violation of my rights? When I do take action, what results could I expect (ie, can i sue? can officer get fired?)?

My 2nd question has to do with the summons:
Do you agree that this is a bogus ticket, and would you recommend me fighting it?

[jk]

Was my 4th Amendment violated when the officer entered my vehicle without my or anyone else's permission?
If yes, what can I do to take action against the violation of my rights? When I do take action, what results could I expect (ie, can i sue? can officer get fired?)?

yes, your rights were likely violated but without knowing the officers claim, it is impossible to say for sure. Generally a 4th amend violation results in the suppression of any evidence obtained. While monetary awards are not impossible, they are not common. It can be very expensive to take it to court. You can file a complaint with the officers superiors. You would never find out what, if any action, was taken.

My 2nd question has to do with the summons:
Do you agree that this is a bogus ticket, and would you recommend me fighting it?

I haven't read the specific statute but it sounds improper from what you have stated. I do not believe there is a requirement the handicapped person exit the vehicle. Your passenger ultimately did (although I suspect that was simply to be able to claim your passenger did exit the vehicle) so the officer can not argue your passenger didn't exit the vehicle. I just do not see any justification for the ticket, even if your passenger didn't get out.

[muthaof2]

thank you!!

[Robert Poggi]

I live in a apartment complex Pine Brook NJ. that has 30 building's each having 23 units in all. My building has one spot designated for Handicap (sign and paint). About two months ago we received a new sign in another parking spot. What are the laws that determined how many handicap spots are allowed to be posted.

[flyingron]

You should start your own thread rather than tacking on to one that's pretty unrelated.

They can have as many handicapped spaces as they feel is necessary. There may be local ordinances/zoning (or be set by the approval process) that mandates some MINIMUM numbers, but nothing says they can't have more if they want.

[Robert Poggi]

Thank you.