Drug Arrest Follows Equipment Violation
LAKEHURST, NJ: A resident of Toms River was arrested and charged with N.J.S.A. 2C:35-10 and N.J.S.A. 2C:36-2, which are possession of less than 50 grams of marijuana and possession of paraphernalia after being stopped for an equipment violation due to a broken tail light early Thursday morning along Route 70.
Police said the man was pulled over by Ptl. Jeffrey Emmons at 1:35 a.m. As the officer approached the car he smelled burnt marijuana. Under search and seizure law, if the tail light was broken, the cops had a reasonable and articulable suspicion to stop his vehicle for an equipment infraction. Thereafter, there was probable cause to search the vehicle under the "plain smell" doctrine. However, to truly determine if the search and finding of the marijuana was valid, one would have to view the police reports. If there is an issue with the legality of the search, the man can file a Notice of Motion to Suppress Evidence.
