Legal Question in Criminal Law in New Jersey
Prom Gone South
Hello,
Question, my son (age 18) was arrested & charged with 2C:35-10A(4) & 2C:36-2.
My son walked into his hotel room while his friend (A) was being searched by local police. A pipe purchased on the boardwalk and a small bag of pot were found. One boy (B) (who walked into the room with my son (C)) had some on his person. Nothing at all was on my son. Then another 2 roomates (D & E) returned to the room, they were questioned & I believe also searched but not arrested. Regardless of the lack of possession, my son was arrested, along with the 2 (A & B) boys. My son was just there at the time and is questioning - why he was brought into this while the other 2 (D & E) were let go?? He was frightened to say the least and intimidated by the demeanor of the arresting officers and was afraid to question this matter at the time.
Are room searches legal w/o a warrant? They said this was going on everywhere random searches of rooms, I never heard of such a thing. I would welcome a response. He must appear in court in 2 weeks. What a way to start off an adult life.
Thank you,
M
We are from New York and incident was in New Jersey - Seaside Heights
4 Answers from Attorneys
Prom Gone South
Random room searches are emphatically NOT legal. For a room search to be legal, the police must first obtain a search warrant on a showing of probable cause, or there must be some other valid exception to the search warrant requirement.
Good luck.
Re: Prom Gone South
First of all, it is not wise to argue with the officer and get him angry when he has a gun and you are powerless. Your son was right to keep his mouth shut. Secondly, you are MOM and what your son tells you may be less than the entire truth. Thirdly, it is a violation of the Fourth Amendment of the United States Constitution to conduct a search of a rent hotel room without a search warrant or the consent of the occupants.
If your son is a first offender he may
be able to have the case dismissed.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Prom Gone South
I've had a lot of these cases in Seaside, Belmar, etc. This happens all the time where the police think they can just kick down hotel doors. Of course they can't. All of these boys need a good lawyer. None of them need a criminal record here.
I have offices in New Brunswick and Toms River (was in Seaside's court last week) and my initial consultations are always free. Call me at 732/247/3340 to discuss his case further.
Re: Prom Gone South
I would have to see the evidence on this case before I could give a definite answer as to why the room was being searched and why your son was charged but the other two people weren't. With the facts we have now that you presented, though, I will tell you that there are three options. The first is to apply for a special type of probationary program that has fairly high fines associated with it but which is designed to ultimately result in a dismissal of the charges against your son. The second option is to fight the case on the grounds that your son was not in possession of the marijuana or drug paraphernalia. The final thing to do is to just plead guilty to the charges, which I don't think is a realistic option in this case. I am an attorney who has handled very many cases similar to your son's in various courts throughout New Jersey in the past. I would like to discuss this case with you in more detail. Please contact me about this - 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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