Legal Question in Criminal Law in New Jersey

marijuana found in closet while conducting a stolen property investigation

I reported a watch stolen from a jewlery box by a heating and cooling man who had been in my home the day before. while investigating the detective asked anything else was disturbed. I told him not that i know of. He then asked was anything disturbed in the closet. I said no. The detective entered the closet and saw a tupperware with 7 grams of pot and 2 pipes, then placed me under arrest. Has anyone heard of or know of a similar case and where they able to supress the evidence?


Asked on 7/12/08, 6:15 pm

6 Answers from Attorneys
Thomas Blauvelt Thomas Carroll Blauvelt, LLC

Re: marijuana found in closet while conducting a stolen property investigation

You may have grounds for suppression of evidence. I am happy to assist in this matter. As a former municipal prosecutor, I have handled 100's of similar cases. Feel free to call on us 24/7 at 877.676.7729.

Thank you.

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Answered on 7/12/08, 6:53 pm
Gary Moore Gary Moore Attorney At Law

Re: marijuana found in closet while conducting a stolen property investigation

You can suppress the evidence.

Call me if you like.

Gary Moore,Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/13/08, 10:44 pm
Gary Moore Gary Moore Attorney At Law

Re: marijuana found in closet while conducting a stolen property investigation

You can suppress the evidence.

Call me if you like.

Gary Moore,Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/13/08, 10:44 pm
Gary Moore Gary Moore Attorney At Law

Re: marijuana found in closet while conducting a stolen property investigation

You can suppress the evidence.

Call me if you like.

Gary Moore,Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/13/08, 10:44 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: marijuana found in closet while conducting a stolen property investigation

I just had a case like this and my client was charged with 2nd degree distribution as a result of what the cops found when he called in a theft at his house. I never got a chance to really litigate the issue because I raised it as a problem for the State and I got my client PTI. If you know anything about PTI, it is almost impossible to get a person PTI for a 2nd degree crime.

I have an office in Toms River and I would be more than happy to meet with you, so call me anytime at 732/247/3340.

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Answered on 7/12/08, 8:02 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: marijuana found in closet while conducting a stolen property investigation

Overall, the rule is that if the police are invited in and an item is within plain sight it is something the police may act upon. If, however, he was not invited into the closet or could not physically see the weed from where he was doing his investigation the evidence will be supressible and as a result there would be no evidence against you, at that point it would be your decision as to how to continue, whether trial or using this leverage to get a very favorable plea deal...

I would suggest you hiring a competent attorney to ensure that your rights are protected and you will be well taken care of with regards to this case.

My office regularly handles all level possession cases, including what was termed the largest bust in the history of one County.

you may reach us at 877.229.3394 and selecting ot speak to our head attorney Carlos Gonzalez

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Answered on 7/13/08, 9:16 am


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