Police Cannot Arrest For The Purpose of Obtaining Evidence Without Probable Cause
- January 14, 2013
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A police officer in Hackettstown observed the defendant stagger across route 46 and enter a vehicle then proceeded to stop the vehicle and arrest the defendant for disorderly conduct and being under the influence. Upon placing the defendant under arrest he conducted a search of the defendant’s person and discovered 2 bags of heroin on the defendant’s person and defendant was ultimately charged with 3rd degree possession of a controlled dangerous substance, heroin, and being under the influence of a controlled dangerous substance (CDS) without a prescription. Defendant challenged the legality of the search and seizure and filed a motion to suppress the evidence but the motion was denied. The New Jersey Appellate Court reversed the trial court and held the officer did not have probable cause to arrest the defendant when he was simply a passenger in a vehicle. In finding there was no probable cause, the court order that the evidence obtained from the search incident to arrest was to be suppressed. If you believe your rights have been violated through an illegal search and seizure, you should consult an experienced criminal law attorney immediately. For more information on search and seizure, CDS, under the influence, disorderly conduct or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.