Marijuana Case Goes Up In Smoke On Appeal
The Appellate Division expands illegal search and seizure law in the marijuana possession and intent to distribute case; titled State v. Pompa. On July 2, 2010, the Court held that while a NJ State Trooper had sufficient probable cause to search a tractor trailer he lawfully stopped on the side of a highway, the 30 pounds of marijuana and other evidence found during the search had to be suppressed. Although the Trooper had a right under the closely regulated administrative inspection exception to the warrant requirement, the Prosecutors did not demonstrate that the trooper had exigent circumstances required by New Jersey under the automobile exception to the warrant requirement.
What this means is even if an officer searches your car, they must still demonstrate that there are exigent circumstance that could lead to the destruction of evidence if the officer was delayed by the fact that he had to obtain a telephonic warrant or warrant in person. It is important to remember, that even if the police find drugs, guns or other contraband on you, you may still have a viable defense to your charges if you were illegally stopped or illegally searched. If you have any question, please do not hesitate to contact me at the Law Office of Thomas Hugh Martin, LLC by either telephone (732) 687-6302 or through our website www.jerseycriminallawyer.com.
