What is the name of your state (only U.S. law)? New Jersey
New Jersey
I am a New Jersey resident and I was recently arrested for Possession of marijuana (8 ounces), and Intent to distribute, I was also cited for Possession of A CDS (the previously mentioned marijuana) and Loud/Deffective Exhaust, as well as Obstruction of View.
I’m assuming the reason for the pullover would have to be the loud/defective exhaust (my exhaust is stock and there is nothing wrong with it), or the obstruction of view (the radar detector is low on my windshield and my back windshield has dark (but legal) tints (my windows don’t have tints), I know for a fact the officer could not have seen this until he (The stop was at midnight , very dark)
A. Pulled me over and put his spotlight on or
B. Came up to the car and noticed it
So I would think there is no reason for a pullover, would I be correct in this presumption? I think discovery will show this and my lawyer has already put in a petition for discovery.
Do they have to turn in the video tape, or do they have the right to withhold it?
Next they pulled me out of the car and started searching, at this point they read me my Miranda rights… after the search of the interior of the car yielded nothing they pressed the trunk button located next to the steering wheel and popped my trunk. They obviously then located the 8 ounces of weed which was in a backpack. I was then arrested and brought to the station where they printed me, took photos, and took down general information. They didn’t ask any incriminating questions so that I couldn’t ask for a lawyer and they told me multiple times not to call a lawyer (quite the opposite of what they said during Miranda) and they tried to get me to give up other people saying it would benefit me (Which I did not). They still have my car in possession which I know they are allowed to keep unless I win this case.
Based on what I have told you (exactly what happened) Do you think I have a chance at having this evidenced suppressed? I would say my stronger argument is that there was no cause for a pullover, as the search of the trunk the police I would assume could always say they smelled marijuana which would be probable cause.
The day prior I had been pulled over and my registration was expired, I was cited for this and that was it they didn’t search or anything (Different cop, not a hardass). The very next day I updated my registration so that everything was current. When they pulled me over the first thing they did before pulling me out of the car was ask if my registration was current, which I replied yes and offered them the valid card. My insurance was also current as well as the inspection and license. He then asked if I satisfied a warrant which I had in another town to which I replied yes and produced the recipet for the previously unpaid ticket.They than had me raise my windows to show that I didn’t have illegal front tints (Which I don’t have any tints on the windows, only my back windshield which is legal). It seems to me they were just searching for a reason to pull me over (They originally didn’t state one).
Obviously I made an error in judgement, although I realize weed is illegal, I don’t see it as morally wrong, I don’t drink or engage in any hard drugs, I just use weed quite often, one could say it is my vice. I smoke a half ounce per day and I buy a half pound about every two weeks, I didn’t plan on distributing any of this weed, if I buy in quantity I can get the price to break down to 325 an ounce whereas if I bought them by the single it would be 425.
Any help you could provide is greatly appreciated as my lawyer says there is a good chance for suppression, but I Think lawyers just view clients as dollar signs, so of course he would say that. My lawyer is the best criminal defense attorney in the state (Robert Galantucci). This is my first offense.
Basically I just want to know if I have a chance of having this suppressed and if my stronger argument is the pull over or the search and seizure, Thanks a lot.
New Jersey
I am a New Jersey resident and I was recently arrested for Possession of marijuana (8 ounces), and Intent to distribute, I was also cited for Possession of A CDS (the previously mentioned marijuana) and Loud/Deffective Exhaust, as well as Obstruction of View.
I’m assuming the reason for the pullover would have to be the loud/defective exhaust (my exhaust is stock and there is nothing wrong with it), or the obstruction of view (the radar detector is low on my windshield and my back windshield has dark (but legal) tints (my windows don’t have tints), I know for a fact the officer could not have seen this until he (The stop was at midnight , very dark)
A. Pulled me over and put his spotlight on or
B. Came up to the car and noticed it
So I would think there is no reason for a pullover, would I be correct in this presumption? I think discovery will show this and my lawyer has already put in a petition for discovery.
Do they have to turn in the video tape, or do they have the right to withhold it?
Next they pulled me out of the car and started searching, at this point they read me my Miranda rights… after the search of the interior of the car yielded nothing they pressed the trunk button located next to the steering wheel and popped my trunk. They obviously then located the 8 ounces of weed which was in a backpack. I was then arrested and brought to the station where they printed me, took photos, and took down general information. They didn’t ask any incriminating questions so that I couldn’t ask for a lawyer and they told me multiple times not to call a lawyer (quite the opposite of what they said during Miranda) and they tried to get me to give up other people saying it would benefit me (Which I did not). They still have my car in possession which I know they are allowed to keep unless I win this case.
Based on what I have told you (exactly what happened) Do you think I have a chance at having this evidenced suppressed? I would say my stronger argument is that there was no cause for a pullover, as the search of the trunk the police I would assume could always say they smelled marijuana which would be probable cause.
The day prior I had been pulled over and my registration was expired, I was cited for this and that was it they didn’t search or anything (Different cop, not a hardass). The very next day I updated my registration so that everything was current. When they pulled me over the first thing they did before pulling me out of the car was ask if my registration was current, which I replied yes and offered them the valid card. My insurance was also current as well as the inspection and license. He then asked if I satisfied a warrant which I had in another town to which I replied yes and produced the recipet for the previously unpaid ticket.They than had me raise my windows to show that I didn’t have illegal front tints (Which I don’t have any tints on the windows, only my back windshield which is legal). It seems to me they were just searching for a reason to pull me over (They originally didn’t state one).
Obviously I made an error in judgement, although I realize weed is illegal, I don’t see it as morally wrong, I don’t drink or engage in any hard drugs, I just use weed quite often, one could say it is my vice. I smoke a half ounce per day and I buy a half pound about every two weeks, I didn’t plan on distributing any of this weed, if I buy in quantity I can get the price to break down to 325 an ounce whereas if I bought them by the single it would be 425.
Any help you could provide is greatly appreciated as my lawyer says there is a good chance for suppression, but I Think lawyers just view clients as dollar signs, so of course he would say that. My lawyer is the best criminal defense attorney in the state (Robert Galantucci). This is my first offense.
Basically I just want to know if I have a chance of having this suppressed and if my stronger argument is the pull over or the search and seizure, Thanks a lot.
