When a drug dog alerted during a sniff test the officers found drugs the dog was not trained to detect the defendant sought to challenge the dog’s record in the field for false alerts. The defendant in Florida v. Harris was stopped and on 2 separate occasions and his vehicle was searched on both occasions as a result of a sniff test by the same dog. The initial search revealed ingredients used in manufacturing methamphetamines. The second search occurred while defendant was out on bail for the arrest during the first stop. The second search revealed no drugs. The United States Supreme Court heard the case and held that a defendant is entitled to challenge the evidence relating to a drug dog’s reliability. The defendant may challenge the dog’s reliability with his or her own witness, by cross-examination of testifying handler or both. Challenges may go to the dog’s training or actual field results. If you have been charged with a drug related crime in New Jersey, you should obtain experienced defense counsel immediately to insure your rights are protected any search and seizure was proper. Experienced counsel can challenged the State’s probable cause for the stop as well as any search which resulted in the prosecution’s finding of evidence. For more information on drug charges, controlled dangerous substances (CDS) in a motor vehicle or criminal law or municipal court matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Fleeing the Police Does Not Always Give Probable Cause to Arrest in NJ

The police must have probable cause to stop and search without a warrant. A man exited a residence which was under surveillance by Newark police detectives investigating a shooting. Detectives watched the man stand on the porch until another man, the co-defendant, approached. The defendant stepped off the porch to speak with the co-defendant and co-defendant showed him what appeared to be a gun. Defendant looked at the object but never held or possessed the object. When the detectives approached, the defendant ran back onto the residence with a detective in pursuit. The detective tackled defendant into the residence as he was entering the door and saw weapons in plain view. The detective observed a shotgun, 3 long rifles and a stock of ammunition. Defendant was charged with illegal possession of the weapons and made a motion to suppress the guns at trial. In a case relating to probable cause to stop and search without a warrant, the NJ appellate court reaffirmed the prior decision, in Illinois v. Wardlow, setting forth the premise that flight alone cannot be used to justify stopping those who flee the police. The Court must look at the overall circumstances to determine whether the police could have had reasonable suspicion that the defendant was involved in criminal activity. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing criminal charges as a result of a wrongful arrest or illegally obtained evidence and believe you may be entitled to suppression of the confession, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on probable cause, reasonable suspicion or other criminal law or municipal court issues in New Jersey visit HeatherDarlingLawyer.com.

Police Cannot Arrest For The Purpose of Obtaining Evidence Without Probable Cause

A police officer in Hackettstown observed the defendant stagger across route 46 and enter a vehicle then proceeded to stop the vehicle and arrest the defendant for disorderly conduct and being under the influence. Upon placing the defendant under arrest he conducted a search of the defendant's person and discovered 2 bags of heroin on the defendant's person and defendant was ultimately charged with 3rd degree possession of a controlled dangerous substance, heroin, and being under the influence of a controlled dangerous substance (CDS) without a prescription. Defendant challenged the legality of the search and seizure and filed a motion to suppress the evidence but the motion was denied. The New Jersey Appellate Court reversed the trial court and held the officer did not have probable cause to arrest the defendant when he was simply a passenger in a vehicle. In finding there was no probable cause, the court order that the evidence obtained from the search incident to arrest was to be suppressed. If you believe your rights have been violated through an illegal search and seizure, you should consult an experienced criminal law attorney immediately. For more information on search and seizure, CDS, under the influence, disorderly conduct or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.