Legal Question in Criminal Law in New Jersey

person search/ car search

A poice officer walked up to me saying whats that I smell. I replyed nothing, he then searched my pockets and found narcardics. I was arrested on the spot. about 25ft away was my fathers car (its in his name) parked. The officer went over to the car and tried to open the door, it was locked. He made my wife that was with me open the car door (never asking who's car it is) which she did. Well they found more stuff and charged me with everything they found. Did they have the right to search and did they have the right to charge me with what they found in the car?


Asked on 5/13/05, 10:16 am

4 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: person search/ car search

From the way you describe the incident it would seem to me that you have a very strong case for filing a motion to suppress the evidence. I would have to see the police report to see what their version is, but if what you say is true then the evidence can be thrown out and the case dismissed. I am an attorney who has handled many cases similar to yours in various courts in New Jersey in the past. Please call me at 1-908-272-0111 to discuss your case in more detail. There is never any charge for simply talking to me about a case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 5/13/05, 12:25 pm
Gary Moore Gary Moore Attorney At Law

Re: person search/ car search

Based on the facts you provide, the search of your person and the car were both in violation of the Fourth Amendment to the United States Constitution which bars unreasonable searches and

seizures.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 5/13/05, 12:39 pm
Lavinia Mears Law Offices of Lavinia Lee Mears

Re: person search/ car search

Based on the information you provided, the police officer did not have the legal right to search the car. He may, however, have had the right to search your person. If he smelled marijuana and had reason to believe you were in possession of it, he may have had "probable cause" to search you. I would need additional information to advise you on this point. Please contact my office at 908-486-3181 if I can assist you in this matter.

Lee Mears

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Answered on 5/14/05, 6:27 am

Re: person search/ car search

Whether the police had a right to search you depends, in part, on what the officer claims he smelled, if he in fact could smell anything at all. As for the car, it sounds like the officer needed a search warrant. Officers often claim that a defendant consented to the search. Hopefully you have a lawyer who specializes in criminal defense who you can give all the details to in aid of your defense. If not, I would be happy to discuss representing you; I am a former Assistant District Attorney and now handle cases like yours. I can be reached by email or 212-622-7180. Good luck.

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Answered on 5/13/05, 10:22 am


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