Legal Question in Criminal Law in New Jersey

lli

If you give police officer ''a'' consent to go to the 2nd floor of your home to retrieve identification but police officer ''b'' decides to go instead and discovers contraband.is that a legal seizure?


Asked on 7/13/09, 3:15 pm

4 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: lli

Maybe. It depends upon where the contraband was found and how exactly the consent was recieved. 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 7/14/09, 6:00 pm
david bildner bildner law firm

Re: lli

From what you described, it sounds like the courts would consider that to be a consent for the police, rater than for just officer "A" Whether that would make the search legal is a different question. I would need more details to answer that. You should really discuss it with an attorney. It can make the difference between going to jail and staying free. Call me if you would like to discuss it further at 877*688*3879.

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Answered on 7/13/09, 5:27 pm
Gary Moore Gary Moore Attorney At Law

Re: lli

The officer an illegal seizure if he found the contraband outside of the area of the house that you gave permission to be in to look for the identification. If he saw the contraband in plain view while in an area he was authorized to be in the seizure is lawful and if he saw the contraband or found the contraband, after a search, in an area he was not authorized by you to be in the search would be illegal.

There is the additional question of why you should asked to produce identification. This request, itself may have been improper, leading to your "consent" being coerced and not voluntary, rendering the entry into the house, at all, unlawful.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/13/09, 6:33 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: lli

No, it doesn't matter. Call me at 732/247/3340 to discuss.

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Answered on 7/13/09, 8:47 pm


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