Legal Question in Criminal Law in New Jersey

weapons possesion

I was recently at a friends house in the backyard which is fenced in, but can be seen if passing by on the street. It was about 7:30 PM. One person in the yard had a can of beer in his hand when the police pulled up on the street in front of the driveway. The person with the beer was told to come out to the police car and was then given a ticket for drinking in public. The police asked who the home owner was and told him to come out to the police car. After talking to him for abouts 5 minutes the police decided to search him and found a set of brass knuckles in his pocket. He was arrested for weaons possesion and taken to the police station to be processed. Does this sound as if the police were within legal rights since it was on private property? When the two people stepped onto the street, were they then considered to be on puplic land even though they were ordered to do so by the police?


Asked on 7/05/08, 2:38 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: weapons possesion

The police appear to have acted improperly.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattoreyatlaw.com

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Answered on 7/13/08, 11:50 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: weapons possesion

First, your big concern should be with getting a good attorney. This is because the judge will likely force you to get one anyway and I am sure you know the expression about the person that represents himself. Let a good attorney worry about the legal arguments.

Second, the issue is not public vs. private land, but whether the police had the right to search you and your use (or intention) of the brass knuckles.

My initial consultations are always free and I would be more than happy to discuss the case with you. Call me anytime at 732/247/3340 to discuss your case.

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Answered on 7/05/08, 3:02 pm


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