Drug Arrest Follows Equipment Violation

Posted on August 8, 2008 by Tom Martin

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.


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Illegal Search-Seven Exceptions to the Warrant Requirement

Posted on July 16, 2008 by Tom Martin

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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