Legal Question in Criminal Law in New Jersey

Your walking home from a bar, a cop stops you, and states it's because, your walking side to side, (there are no sidewalks and you haven't walked in street) he ask where you are coming from and where you are going, you tell him a bar and walking home. He then ask if you have any controlled dangerous substance or dangerous weapons. You state, "to be honest I have this pot pipe", which you now hand him. He then places you under arrest for drug paraphernalia, and marijuana under 50 grams. He searches you and nothing is found, all he has is the pipe. Can this pot pipe be used in court, due to the fact he asked a question that may incriminate yourself without first advising you of your rights under miranda? You weren't under arrest at the time of questioning, but technically your were in custody.


Asked on 2/28/12, 7:58 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

What the officer did is cover by the Fourth Amendment to the United States Constitution because even stopping you must be reasonably based. The statement could be suppressed based on an unlawful search and seizure. Additionally, the stop might also be deemed to be a restraint of freedom requiring that the officer advise that there is a right to remain silent before asking the question. Call me if you like.

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Answered on 2/28/12, 8:13 am
Ronald Aronds Law Office of Ronald Aronds, LLC

You may have grounds for a motion to suppress the evidence based on the facts you presented. I would have to review all the evidence in your case before I could give you a definite answer however. Please contact my office for a free consultation to discuss how I can assist you. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

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Answered on 2/28/12, 12:33 pm


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