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

SEA BRIGHT — A joint task force made up of members from the Monmouth County DWI Task Force and Sea Bright Police Department will conduct a roadblock this weekend to detect drivers under the influence of alcohol and/or drugs. If arrested for driving while intoxicated, you can be charged with N.J.S.A. 39:4-50 (DWI), N.J.S.A. 2C:35-10 (possession of a cds) and/or N.J.S.A. 39:4-49.1 (possession of cds by the operator of a motor vehicle).

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FREEHOLD TOWNSHIP: A resident of East Orange, age 24, was slashed in his elbow when he tried to act as a peace maker between a friend and another man, police said. The local police are still trying to sort out the facts of the incident as they continue their search for the assailant. The man was slashed around 11:00 p.m. this past Wednesday at the former Pathmark Shopping Center on Schanck Road, said a police spokesman.

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This week's question is in response to recent opinions by academics who believe the drinking age should be reduced from 21.  In response, law enforcement and various nonprofit groups in NJ have formed a coalition to support maintaining the current drinking age. Their opposition comes from the Amethyst Initiative, a new movement leaning on lawmakers to consider reducing the drinking age to 18. The idea has received support from the presidents of some of the nation's best-known universities. Under the current law, underage drinkers are subject to the penalties contained in N.J.S.A. 2C:33-15, which can result in fines and loss of driving privilege.

Please feel free to voice your opinions pro and con in our comments section.

Thomas H.Martin

www.thomasmartinlaw.com

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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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