Improper Vehicle Search Leads to Drug Evidence Being Tossed by New Jersey Supreme Court

Gavel with Drugs

The collection of evidence is one of the most contentious issues involved in many criminal defense cases. Drugs that were found in a vehicle that led to 2015 arrest of two Lakewood individuals were allegedly obtained improperly.

Supreme Court Throws Out Evidence in Criminal Case

This is as a result of the New Jersey Supreme Court ruling and the Justice has said that the prosecutors did not offer any clear justification about why the vehicle was initially stopped that would have made it a lawful search. Search and seizure of evidence must be done by the book, otherwise defendants named in a criminal case may be eligible to raise this information as part of their defense.

The unanimous court decision found that the state left the trial judge no option but to suppress the evidence that was collected by the car. The men who were accused of a crime disputed the police officer’s claims that the car was stopped because it had a headlight out and that the driver was behaving evasively.

The police got a warrant after claiming they noticed an odor of marijuana coming from the car and identified cocaine and marijuana inside. The individuals were charged with possession with intent to distribute, as well as drug possession. Possession with intent to distribute in New Jersey is a second-degree offense that could carry up to ten years in prison.

Getting Help After Being Accused of a  New Jersey Drug Crime

If you believe that you were recently accused of a crime in which the evidence was illegally obtained, you need to consult with an experienced criminal defense attorney immediately to give you a clear understanding of how to best protect yourself. Your willingness to spring into action quickly by hiring a knowledgeable criminal defense attorney can have a significant impact on the outcome of your case. Attorney James M. Porfido is here to help you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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