Legal Question in Criminal Law in New Jersey

Posession of under 50g of marijuana, searched illegally. How strong is my case?

Two co-workers and I were driving home Friday and stopped by a cop in Mendham, NJ for supposed obstruction of view (He didn't mention why he pulled us over at all until after all this took place). Multiple sobriety tests were performed and the driver passed every time. However, the cop proceeded to search the car anyway, starting by sticking his head and arm inside the vehicle moving cans and garbage around on the driver side floor, violating the plain view doctrine. He retrieved some ''tiny fragments of a leaf'' (which all of us believe he had held in his hand the entire time) which he used as probable cause to search the rest of the car. Also, all 3 of our persons were searched, not merely patted down, without suspicion of weapons. Long story short, a roach was found and all 3 of us were charged with possession under 50g and paraphernalia for the roach. This actually goes a lot deeper (apparently these 2 cops have a contest to see who can get the most drug arrests, and we are 90,91, and 92 for less than 3 months) but for simplicity's sake this is the jist of the story. How strong is our case? I would actually love to pursue exposing their game, but I don't know how realistic that is. Any help would be greatly appreciated.


Asked on 3/23/08, 5:51 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Posession of under 50g of marijuana, searched illegally. How strong is my case?

I would need more info, but it seems that you do have a great case but it still won't be easy. The judge will likely force you to get an attorney, and I strongly suggest you get one.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 3/23/08, 6:40 pm
Gary Moore Gary Moore Attorney At Law

Re: Posession of under 50g of marijuana, searched illegally. How strong is my case?

It is really a matter of how much time and energy you want to devote to

exposing the officers. You are talking about multiple court appearances. Additionally, you each need an attorney who will each charge a minimum of $2,500.00.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/23/08, 7:31 pm


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