The Passaic County Sheriffs Office is under fire after video of a questionable vehicle search went viral on social media on Friday morning. The video shows an unidentified man confronting a plainclothes law enforcement officer. The man accuses the officer of conducting a warrantless search of his vans trunk.
It is clear the incident took place on Union Avenue between Redwood Avenue and Jasper Street.
The incident has been referred to the Passaic County Prosecutors Office for investigation, said William Maer, spokesman for Passaic County sheriff Richard Berdnik.
In an effort to assure an independent investigation of the circumstances around the search video, the Sheriff referred the matter to the Prosecutors office for a thorough and independent review, said Maer on Friday afternoon.
At this time, we can neither confirm nor deny any investigation conducted by the PCPO in relation to this matter, said chief assistant prosecutor Mary Cate Ryan.
Maer did not say whether the officer had a warrant to search the individuals vehicle. He also did not say when the incident occurred. Three high ranking current and former law enforcement officials interviewed for this report said the officer showed poor conduct by providing evasive answers when asked why the vehicle was being searched without the individuals consent and failing to promptly identify himself as a law enforcement officer.
The video suggests the officer did not have a warrant. He also did not secure consent from the owner.
This is incredibly troubling and disturbing, said Ed Barocas, legal director for the American Civil Liberties Union (ACLU) of New Jersey, after reviewing the video footage. You have an individual who appears to be a law enforcement officer entering someones vehicle without permission and seemingly without any lawful authority. Not only is it improper, its a crime.
Barocas described the officers evasive conduct as unprofessional. He wasnt alone former and current law enforcement officials interviewed for this report also said the officer behaved in an unprofessional manner.
The video also disturbed local leaders.
How often are they doing this? Who gave him the authority to do it? What is the Passaic County Sheriff Department searching peoples cars at will? Was he looking for something or putting something there? remarked Paterson activist Ernest Rucker.
We dont know if its just an unlawful search which is bad enough itself or something more nefarious, said Barocas.
It seems like an illegal search. They didnt have the persons consent, said Zellie Imani, a leader of the Black Lives Matter in Paterson. Im really alarmed and upset about the whole situation.
This incident creates a big liability for the Passaic County government if the individual files a lawsuit claiming his civil rights were trampled by the sheriffs officers.
Barocas is glad the prosecutors office has been brought into the situation. He hopes the prosecutor will conduct a thorough investigation into this incident. If there is no authority, as there appears not to be, this [then should] be prosecuted just as you or I would be prosecuted for breaking into someones car, he said.
