Quote Originally Posted by kelkel View Post
Do your research. You are incorrect. You can in NJ and in many other states. It's to protect the officer as their lives are important too. That is the reason. If the driver doesn't like it, tough shit, he would then be arrested for obstructing justice. Call any criminal lawyer in NJ and they'll regurgitate what I just said. It's not a constitutional right to drive.
I don't consider myself an expert by any means on any topic in the world. Anyone who claims to be an expert is usually a moron, lol! I did graduate with a degree in constitutional law. I went to school to be an attorney although I never made that my career. I ended up getting into other things. So sure, I know a little but that doesn't always mean I'm right.

Anyway, my point, States can make laws that violate the constitution, but if the matter is brought forth to the federal level on the basis of a constitutional violation the State law can immediately be overturned. This happens all the time, but no one has brought this precise thing to the forefront of the court. The constitutional rights of the individual always outweigh an obstruction of justice charge if this obstruction was deemed to be related to a constitutional infringement.

The long and short, an officer cannot make a demand of an individual that is constitutional without giving just cause. He MUST give the individual an answer. In some cases brought forth to the court revolving around constitutional violations in relation to instances in a vehicle, the court has ruled the same laws apply to the individual in his car as they do in his home. While in their car, that is their private place of dwelling. A police officer cannot enter your home without a warrant or without asking if he can enter your home and giving you a reason why he would like to. The same can be said of issues when you're in your car.