WILDWOOD NJ MARIJUANA CHARGES DISMISSED
Published by the Law Office of John W. Tumelty
I recently represented a college student charged with marijuana possession under 50 grams and possession of drug paraphernalia in the City of Wildwood, Cape May County, NJ. The case was handled in Wildwood Municipal Court.
This young man had no criminal record and was a year away from college graduation. I received the police reports which revealed a search and seizure issue in the case. The police report stated that the officer was on routine patrol when she saw my client walking near a park at approximately 2:00 a.m. The officer believed that my client looked suspicious and fit the description of an individual involved in a recent disorderly conduct incident. The officer stopped and searched my client and found a small quantity of marijuana and a pipe in his pants pocket. The officer seized the evidence and placed him under arrest for marijuana possession and possession of drug paraphernalia.
I filed a motion to suppress the evidence (throw-out evidence) arguing that that officer did not have probable cause to stop and search my client. The Wildwood Municipal Court judge held a full court hearing on the legality of the stop and search. After listening to the testimony of the officer, the court ruled that the officer did not have sufficient probable cause to stop and search my client. Thus, the judge determined that it was an unconstitutional search and the evidence (marijuana and pipe) was suppressed which means thrown-out.
The charges were dismissed in Wildwood Municipal Court. My client avoided a criminal record and preserved his otherwise unblemished name and reputation. We moved immediately to expunge the arrest from his record.
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