Illegal Search and Seizure In New Jersey Stop

A New Jersey appeals court ruled this week that $100,000 was seized illegally in a traffic stop, a seizure that lead to the indictment of two men on both second degree money laundering and conspiracy charges. The vehicle search should have been done with a warrant, both the appellate and lower court judges said.

According to the Hunterdon County Democrat, someone called into the state patrol that a vehicle seen on Route 202 was driving erratically. The police located the truck with New York plates and pulled it over. Upon stopping the truck, the arresting officer was said to have smelled a “strong odor of raw marijuana.”

The officer was said to have secured both the driver and passenger in his squad car before searching the truck. During the search, he encountered a backpack containing over $100,000 in cash. He then called for a K9 unit to also search the car who showed up about 90 minutes later but found no drugs, only the smell of marijuana on the cash.

So, what was wrong with this search? Well, in order for a cop to search your car at a stop, the stop must be unexpected, there must be probable cause, and there must be no time available to get a warrant. The appeals judges and lower court judges all ruled that, in this case, there was plenty of time for the police to obtain a warrant.

This is just one example of the many rules and procedures that must be followed by police from the time they contact you and until your case is finalized. The system is set up like this to protect citizens and abuses of power by the police. Knowing if the police have crossed a line and infringed upon your right to be protected from illegal searches is your defense attorney’s job.

Whether you are facing drug charges, theft, or even a DUI, the manner in which the police handle your arrest and any searches can either support the state’s case against you or completely ruin it, as it did in this case.

If you are facing criminal charges and have questions about the evidence or how your arrest was handled, you want to speak to an experienced local criminal defense lawyer. Most defense attorneys will provide a free consultation and case evaluation on any criminal charge, and it can be critical for your case to get the best legal help available.

About David Matson