Kinnelon NJ Marijuana Possession Defense Attorneys
Kinnelon NJ Marijuana Charges Dismissed
Recently, Travis J. Tormey represented a client who was charged with possession of marijuana (under 50 grams) in Kinnelon Municipal Court. Mr. Tormey received the discovery package and, upon review of the video evidence from the police officer’s motor vehicle, it became very clear that this was an unlawful search and that the evidence was illegally seized from the defendant.
In this case, the defendant was pulled over for having a cracked windshield. When the officer approached the vehicle, he allegedly smelled marijuana and asked both the driver and the passenger of the vehicle to get out of the car. After searching them with negative results, the officer asked for consent to search the vehicle and informed the occupants that if they failed to consent to a search, he would “get the dogs and/or a warrant to search the car anyway.” The defendant consented to a search of the vehicle, and the marijuana was discovered.
The circumstances of the aforementioned case constitute an illegal search in New Jersey. State law requires that the consent to search be voluntary, and “an essential element of such voluntariness is knowledge of the right to refuse consent.” (State v. Johnson, 68 N.J. 349 (1975)) At no point during this motor vehicle stop was the defendant informed of her legal right to refuse to consent to a search of her vehicle. The police officer also failed to have her sign a consent-to-search form, which specifically advises a person of the right to refuse to consent.
Based on this illegal search, Mr. Tormey filed a motion to suppress the unlawfully seized evidence, and the charges against the defendant were dismissed. This was the correct result in this case and a significant victory for the Tormey Law Firm.
To speak with one of our attorneys about your case, contact our Hackensack offices at (201)-330-4979. We are available 24/7 to provide free consultations.