Legal Question in Criminal Law in New Jersey

2nd degree cocain possession with intent to sell

During a routine traffic stop, does an empty sandwich bag, fully intact give the officer probable cause to conduct a search and seizure? The officer initially pulled the vehicle over for speeding, so how is an empty fully intact sandwich bag probable cause and or reasonable suspicion to think that they had drugs as well? Probable cause is defined as ''a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true.'' The car had 2 car seats along with other empty food containers proving that it could have contained either of the children�s lunch at some point. Is their any way to prove that there was in fact no probable cause to begin with, ultimately dismissing the case?


Asked on 6/03/09, 4:55 pm

5 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: 2nd degree cocain possession with intent to sell

There are a number of viable defenses and arguments which can be pursued to achieve a successful result for someone charged with Possession of Drugs or other criminal charges. Our office represents people charged with criminal and disorderly persons offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face prison, fines over $10,000, jail, Probation over 18 months and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for criminal violations. Our web site www.njlaws.com provides information on criminal offenses we can be retained to represent people. The following is a portion of a suppression brief we wrote in successfully winning a drug possession case:

To read entire article, go to http://www.njlaws.com/search_and_seizure_law_without_a_search_warrant.htm

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Answered on 6/05/09, 3:41 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: 2nd degree cocain possession with intent to sell

You may have a defense. Sandwich bags can at times be construed as being drug paraphernalia, so this is probably what the officer used as a basis for searching your car. I'd have to see all the evidence before I can give you a definite answer. I will tell you though that you are facing a very serious charge so you should hire a lawyer to defend you soon. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 6/03/09, 5:31 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: 2nd degree cocain possession with intent to sell

I always find these questions odd, but don't take this the wrong way. The fact is that you are charged with very serious offenses. You should get the best attorney that you can get and let him or her worry about ALL of the legal issues because I see nothing that you can do with this information. If I say yes, you win your motion, where does that put you? If your attorney does not already see that (if that was/is the case) than you telling the attorney that some other attorney wrote on the Internet that you have a good motion will likely do nothing.

As the other attorney said, you cannot look at the case in a vacuum. In and of itself, a sandwhich bag is evidence of nothing and cannot be used to support anything. Of course, there are a million other issues here so there is nothing I can say that will help you.

You need a good attorney that will review all of the facts and fight for you to get the result you want.

Call me at 732/247/3340 to discuss.

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Answered on 6/03/09, 6:00 pm
Gary Moore Gary Moore Attorney At Law

Re: 2nd degree cocain possession with intent to sell

No. A sandwich, of an by itself, is not the basis for a reasonable suspicion that a person possesses contraband. Did the officer seize the bag? Did you use your cell phone to make a video of the interior of your car?

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/03/09, 7:47 pm
Michael Berman Law Offices of Michael A. Berman

Re: 2nd degree cocain possession with intent to sell

You need to immediately hire a qualified criminal defense attorney to prepare the preliminary hearing (and get a transcript of same) and then to prepare and file the correct pre-trial Motions.

If you are already passed the preliminary hearing without having hired an attorney, the job is more difficult, but not impossible...it takes an attorney who knows what to do and can react to the cops testimony immediately. What County are the charges pending?

Mike

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Answered on 6/03/09, 8:21 pm


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