Arrest, Search, Seizure, Warrant So Whos coke is it anyway

[princemarc]

Last night while driving through A.C. My freind and my former employer We were stoped by an unmarked car and the police aske me to get out of the vehicle, thus i complied. They started to search the vihecle and apparently found a very small amount of cocain on the floor of the vehicle. Firstly, not only was the search warentless however the drugs were not in my posseshion. Why was i the only person charged and what binding New Jersey athority controlls the issue of contraband found in a common area. Please bear in mind that in new jersey there is no " Moving Property exception" f0r vehicle searches ,State v. Hill, 115N.J.169,173-74,557A.2d322(1989) "We have never subscribed fully to the federal version of the automobile exception and the relationship of our jurisprudence to federal jurisprudence has been an uneasy one. Although not a frontal assault on federal precedent, over three decades ago in State v. La Porte, 62 N.J. 312, 316-17, 301 A.2d 146 (1973), we first suggested that it is the specific facts of the case and not the mere mobility of the automobile that creates exigency. Later, in State v. Alston, 88 N.J. 211, 216, 440 A.2d 1311 (1981), we grappled with the issue directly. There, police detectives pulled over a speeding vehicle and noticed that the individuals in the vehicle were acting furtively, as if attempting to conceal something. Ibid. When the driver opened the glove compartment to look for his credentials, the detectives observed shotgun ammunition. Ibid. The suspects were asked to exit the vehicle and were frisked, but no weapons were found. [*30] Ibid. A subsequent search of the automobile revealed a weapon under the front passenger seat. Id. at 216-17, 440 A.2d 1311. I had original entered the wrong citation i just edited it now i believe its more on point.

Thank you in advance for any coments or assistance,

Marc.

 

[army judge]

Last night while driving through A.C. My freind and my former employer We were stoped by an unmarked car and the police aske me to get out of the vehicle, thus i complied. They started to search the vihecle and apparently found a very small amount of cocain on the floor of the vehicle. Firstly, not only was the search warentless however the drugs were not in my posseshion. Why was i the only person charged and what binding New Jersey athority controlls the issue of contraband found in a common area. Please bear in mind that in new jersey there is no " Moving Property exception" f0r vehicle searches ,State v. Hill, 115N.J.169,173-74,557A.2d322(1989) "We have never subscribed fully to the federal version of the automobile exception and the relationship of our jurisprudence to federal jurisprudence has been an uneasy one. Although not a frontal assault on federal precedent, over three decades ago in State v. La Porte, 62 N.J. 312, 316-17, 301 A.2d 146 (1973), we first suggested that it is the specific facts of the case and not the mere mobility of the automobile that creates exigency. Later, in State v. Alston, 88 N.J. 211, 216, 440 A.2d 1311 (1981), we grappled with the issue directly. There, police detectives pulled over a speeding vehicle and noticed that the individuals in the vehicle were acting furtively, as if attempting to conceal something. Ibid. When the driver opened the glove compartment to look for his credentials, the detectives observed shotgun ammunition. Ibid. The suspects were asked to exit the vehicle and were frisked, but no weapons were found. [*30] Ibid. A subsequent search of the automobile revealed a weapon under the front passenger seat. Id. at 216-17, 440 A.2d 1311. I had original entered the wrong citation i just edited it now i believe its more on point.

Thank you in advance for any coments or assistance,

Marc.

If you were the driver, the presumption is that you are responsible for everything in the vehicle.

There are certain exceptions and exemptions.

But, before you screw up your life and lose your freedom, I suggest you consult a good criminal defense lawyer.

You can hire your own, or ask teh court to appoint one for you.

If the dope wasn't yours, it belonged to one of the occupants, are they gonna fess up?

Hold your horses, hoss, I don't need the answer, you do!!!

But, for the time being, shut up, clam up, and don't try to be your own lawyer.

This sounds like your garden variety drug caper.

Nothing much will happen to you, unless you've got priors, you're on probation or parole, or you screw it up!

So, here's all you need to do.

1 - SHUT UP about this. From this poijnt forward speak ONLY to YOUR lawyer about this. Let your lawyer reach out to the others in the vehicle, should the facts warrant it. Don't you go blabbing to them about this. If the dope wasn't yours, you don't know (nor do you want to know) the circumstances of how it got there. That'll all come out sooner or later!

2 - Go to your court date, plead not guilty, and tell the court you're gonna hire a lawyer or ask teh court to appoint one to represent you.

3 - For goodness sakes, man, OBEY all laws going forward (at least until this is resolved).

4 - Do not try to play lawyer. You do that, you could be screwing yourself. Would you try to remove a brain tumor yourself, just to save a little "scratch"???

5 - Do these things and this garden variety NOTHING DRUG caper is gonna go away. Don't piss the judge off by playing lawyer and arguing a bunch of stuff you know nothing about. This will end with a fine and slap on the wrist, if the prosecutor doesn't kick it before that. That is if you don't make any more waves.

Good luck!!!!

 

[mightymoose]

...the police aske me to get out of the vehicle, thus i complied.

Were you driving?
When you got out did you close the door behind you?
Was the small bag of cocaine in plain sight once you got out?

They started to search the vihecle...

Did you give consent to the search? I suspect you did without realizing it.
What was being said before they started to look in the car?

Firstly, not only was the search warentless however the drugs were not in my posseshion.

Not all warrantless searches are illegal. In fact, most searches take place without a warrant.
The drugs do not have to be in your possession (on your person), they only need to be under your control.
If you were driving the car the cocaine is yours- doesn't matter if it was in your pocket or in the trunk.

State v. Hill, 115N.J.169,173-74,557A.2d322(1989).... Later, in State v. Alston, 88 N.J. 211, 216, 440 A.2d 1311 (1981)

These cases, based on the portion your quoted, do not appear to be relevant. Exigency does not appear to have been an issue in your case.
There is information missing from your incident last night. Your conversation with the officer is very important. Again- I suspect you gave consent even if you did not realize it. Cops are tricky that way...

Cop: "You don't have any weapons of mass destruction in the vehicle do you?"
You: "No sir, not me".
Cop: "Well then you wouldn't mind if I just take a quick look to make sure, would you?"
You: "Uuuhhhmmmm.... no?"

Is that a "No, you may not search" or is it a "No, I don't mind".

I suspect the police in the case are going to say the cocaine was in plain view. You will have to lawyer up and go over the report with your attorney to see what you are up against.

Also- if you were not the driver/owner and someone else gave permission to search, then anything found in the immediate area where you had been could be associated with you.

 

[princemarc]

well no i was not driving

nor did i give permishion to search

there were 2 other pepole in the car

when i denied any knowlege of the substance i was threatened

finaly, the drug crumbs were aparently found on the carpet somewhere

i thank you for your responce it seems like a set up as i know some prety deveant pepole.

 

[mightymoose]

If you were not the driver, and the car did not belong to you, then consent was not yours to give.
The driver likely gave consent.

So long as you have not already doomed yourself with a statement to the police, you should be able to minimize the damage or even make it all go away if you lawyer up.... assuming it is a small amount as you say and circumstances are as you describe. However, I suspect the amount is significant enough if they were able to collect it and test it... it was more than just crumbs.

 

[princemarc]

Again from what i whinessed "crumbs".

I gave no statement and requested a probable cause hearing in open court at the areighnment.

 

[princemarc]

The search of the vehicle was not cinducive to the standerds set in State v pena flores, nor was it my vehicle items found in a common area are not in my custody cobtroll or piseshion.

 

[charlesc]

If you were the driver, the presumption is that you are responsible for everything in the vehicle.

do you mean driver of motor vehicle equipment or A mover of personal consumer goods?

But, before you screw up your life and lose your freedom, I suggest you consult a good criminal lawyer.

find one thats not a criminal, if you can?


If the dope wasn't yours, it belonged to the PREVIOUS OWNER or the current LEGAL OWNER?

as fars are we know he is the equitable owner and not the legal owner, its probable the legal owner's dope, Right?


But, for the time being, shut up, clam up, and ask questions lots of questions.



Go to your court date, plead not guilty, without recourse, with prejudice .

For goodness sakes, dont get caught disobeying the laws going forward (at least until this is resolved).


Good luck!!!!

IF ME, I'D DO A FULL TRIAL BY JURY AS ANY JUDGE HAS A CONFLICT OF INTEREST AS HE/SHE WORKS FOR THE STATE, da da

 

[cbg]

Once again, I refer to the above poster's hx - very telling.