New Jersey Criminal Lawyer & Attorney : Thomas Martin Law Firm : DUI/DWI, Drug Possession, Felony : Freehold, Monmouth County, New Jersey

Wall- Police officers arrested a Wall resident, age 32, on Tuesday for N.J.S.A. 2C:35-10, possession less than 50 grams of marijuana and N.J.S.A. 2C:36-2 drug paraphernalia. Police arrested the man at around 2:00 a.m. on Tuesday morning. The police allegedly were responding to a report of a suspicious person on or about 18th Avenue. The article was unclear as to how the police found the marijuana and paraphernalia. As set forth in the illegal search category of this blog, if the stop was not based upon a reasonable and articulable suspicion and there was no probable cause to search the individual or his property, the Wall resident could have the drugs and paraphernalia suppressed in court.  

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As a general rule, warrantless searches are presumptively invalid and prohibited unless they fall under one of the various exceptions to the search warrant requirement. As set forth in the Supreme Court of New Jersey decision of State v. Hill, 115 NJ 169, 173 (1989) these exceptions relate to:

1) Motor vehicle searches under certain parameters;

2) Consent searches;

3) Exigent circumstances;

4) Search incident to arrest;

5) Plain view/Plain smell and related issues;

6) Investigative and protective measures; and

7) Regulatory and administrative authority.

It is important for you to know that under the Fourth Amendment to the United States Constitution which is applicable to New Jersey law, that: "The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The burden for establishing the validity of a warrantless search is upon the police and prosecutor. The first exception we will address in the coming week is the "automobile or car exception.

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During the period prior, during, and after you are arrested for and charged with possession of drugs, weapons, stolen property, etc., the police will have likely taken part in some search of your person, pockets, car, home or property. The question you may have, is whether it was a lawful search or illegal search. These answers will rise and fall on whether there is a valid exception to the search warrant requirement. If the search was illegal, counsel for the defendant can file a Notice of Motion to Supress the Evidence and challenge the evidence's admissibilty at trial. In some situations, the only evidence that may link you to a crime is the evidence that the Judge just suppressed.  In this case, you will have a strong argument for a dismissal of your criminal charges. After this brief introduction, I will discuss the seven various exceptions to the search warrant requirement in seven sub articles over the coming weeks.

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