TJT The Tormey Law Firm Criminal Defense Attorneys

NJ Marijuana Attorney – Defenses For Consented Search – 2C:35-10

“Even if you allow an officer to search your car, we can potentially beat your drug possession charges. Loopholes exist in all cases, it’s just a matter of knowing how to find them.”

nj marijuana lawyerThis success story is about a client I had who was pulled over and gave the officer permission to search his car.  Even though the officer found easily found marijuana and was given permission to look through the car, I was still able to beat this case. The reason for this is that the consent was not legally given and was therefore invalid.

In this case, like so many pot-related cases, the defendant was pulled over for a moving violation and the officer allegedly smelled marijuana in the vehicle.  The officer asked if he could look around for the pot he smelled, and since most people don’t feel completely comfortable saying no to a police officer, my client simply agreed.

The most interesting thing about “consent” searches is that the officer must explain to the pulled-over motorist that he or she can refuse to allow the search.  If that isn’t clearly explained, the search is unconstitutional and it’s thrown out.

In addition to audio/video tape being able to prove that this explanation occurred, officers are supposed to give you a form to read and sign which very clearly explains this refusal option.  This way you can’t possibly make the case that you weren’t told.

In this case, like quite a few I’ve seem, the officer didn’t include this form.  This part of the law is meant to prevent motorists from being intimidated out of their rights, but it doesn’t always work. It was also clear from the videotape evidence that the officer never advised my client of his right to refuse to consent.

I immediately filed a motion to suppress this evidence based on the unconstitutionality of the search.  Without consent, the officer needs a warrant or some exception to needing a warrant… Like drugs sitting in plain view or a valid reason to have impounded the car and stumbled upon some illegal substance.

The prosecutor didn’t even attempt to dispute my suppression of evidence and the case was dismissed without even a fight from the other side.

I love when that happens.

 

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

Visa-Mastercard-Amex-Discover

Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.