Legal Question in Criminal Law in New Jersey

can a drug case be dismissed due to excessive force?ex. a suspect is choked in the throat by police with both hands until he passes out and drugs are found?


Asked on 9/26/09, 3:54 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

If you are asking about information and evidence collected by the police by the use of

excessive force which coerced a statement from a defendant which led to the seizure of the

information and evidence the answer is that the fruit of the poisonous tree can be suppressed, not allowed to be used against the defendant.

Call me if you like.

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Answered on 10/01/09, 4:25 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Depends on a number of factors. I have an office in New Brunswick so call me at 732/247/3340 to discuss.

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Answered on 10/01/09, 8:31 pm


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