Legal Question in Criminal Law in New Jersey
Illegal search leading to arrest for CDs
I had a fight with a friend and dumped his clothes on the front lawn. Someone called the police. By the time they showed up I was sleeping and no one else was at my home; it was quiet. They pounded on the door until they woke me up. They then came into my house and saw a joint. I was then handcuffed and I will admit snotty under the circumstances since I just woke up. They slammed me into a wall. They never let me put on my shoes, or call anyone, or read me my rights. My nose was bleeding for quite a while. Finally, an officer came in and asked me if I wanted to go to the hospital and I said no. I was released at 10:00-`10:30 a.m. the next day.
Do you think I can question this as a legal search and/or arrest?
3 Answers from Attorneys
Re: Illegal search leading to arrest for CDs
Under the circumstances you describe you may very well have a basis for a motion to suppress the evidence. Unless you specifically invited the cops into your house, the fact that you threw some clothes on the front lawn wouldn't give them the right to enter and search your house. I would need to see the evidence (police report) to see what the cops claim happened. Their version of events is usually completely different from your version of events. I am an attorney who has handled very many criminal cases in the various courts in New Jersey in the past. Please give me a call at 908-272-0111 to schedule an appointment to review your case. There is never any charge for simply meeting with me to discuss your case.
Thank you. Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Illegal search leading to arrest for CDs
You should call me to discuss all the facts and
circumstances of your case. For example, whose aparment were you sleeping.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: Illegal search leading to arrest for CDs
It sounds from what you say that a motion to suppress would be the thing to do. I wasn't sure from your question if you gave the police permission to enter, if you did then the motion probably will not go well. If you would like to discuss this further feel free to give me a call at 732-286-2170.
John Ducey
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