Search, Seizure and Suppression of Evidence in NJ
- April 21, 2012
- No comments
The Courts of New Jersey hear motions to suppress in many criminal cases. In 3 recent cases involving guns in Passaic County, drugs in Essex County and a DUI arrest in the town of Mt. Olive in Morris County, the state has found that there were applicable exceptions to the otherwise illegally obtained evidence and denied the motions to suppress. In State v. Love, the court held that a handgun found in the trunk of a suspect in a search conducted after an empty gun holster and empty magazine were illegally seized from the vehicle and the suspect consented to a search of the vehicle only after being advised he would be detained until such time as a warrant was obtained if he failed to consent. The court held probable cause did exist for a warrant and, even though none was obtained, the search was upheld and utilized the “inevitable discovery” exception to refuse to suppress the evidence. In State v. Dillard, the court held that drugs discarded by a fleeing suspect and a shotgun found in the house into which the suspect fled were includable under the “hot pursuit” exception. In State v. Maclay, the court held that a DUI arrest was valid in spite of the fact that the suspect was stopped only after a call was made by an off-duty police officer to an on duty police officer alerting him of a possible drunk driver. The court found there was a reasonable articulable reason for the stop. Motions to suppress evidence are difficult but possible if the appropriate facts exist. If you are charged with a crime in New Jersey you should immediately hire an experienced criminal attorney who will immediately review the facts of the case and determine how to best help you to defeat the charges against you. For more information on illegal searches, motions to suppress or criminal matters including drug (CDS), gun, assault, domestic violence, burglary, theft, shoplifting and DUI/DWI in NJ visit HeatherDarlingLawyer.com.