Legal Blog
Drugs & Weapons Found in Motor Vehicle Stop in New Jersey
Author Clark & Noonan, LLC
Posted June 16, 2017
Category Criminal Defense
Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.
Posted: January 11, 2017
Three residents of New Jersey were arrested and charged with various drug and weapons offenses as a result of a motor vehicle traffic stop in Wall, NewJersey, which occurred on January 3, 2017. According to the Asbury Park Press, the arrest was made by a Wall Township police officer.
When a motor vehicle is stopped and subsequently searched, various legal issues may arise. First and foremost, a motor vehicle stop may occur as the result of an officer having reasonable suspicion that a motor vehicle infraction has occurred. This includes any violation of the motor vehicle code. If an officer does have specific, reasonable and articulable suspicion that a motor vehicle offense occurred, that officer is permitted to stop the vehicle.
Once the vehicle is stopped, the officer is not able to simply search the vehicle. The officer needs probable cause to believe contraband is inside the vehicle in order to conduct a search of the interior compartment of the motor vehicle. Probable cause is determined on a case-by-case basis depending on the specific facts and circumstances.
If contraband is discovered and an individual is charged, the officer’s determinations and reasons for stopping the vehicle and then subsequently searching the vehicle may be challenged during a motion to suppress. A motion to suppress evidence is a court proceeding where a criminal defense attorney may challenge the legal and factual reasons for the motorvehicle stop. If that defense attorney is successful in that specific challenge, evidence—which was obtained from the stop—will not be admissible during a trial and the charges against the individuals may be dismissed.
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