Major blow to Law Enforcement in NJ

[gnxtc2]

When a LEO stops a car and detects an order of Marijuana, he can NOT search the vehicle. The LEO now seizes the vehicle, tows it to headquaters, transports the driver/passengers to headquaters and calls the judge for a search warrant. If the search warrant is granted, then the vehicle is searched.

Good bye to exigent circumstances, warrantless search automobile exception here in NJ

Way to go NJ Superior court judges.

Read the court document:
http://www.judiciary.state.nj.us/webcast/opinions/ob_A_129_06.pdf

Atleast we have the Attorney General fighting for us:
http://www.nj.gov/oag/newsreleases09/pr20090310a-Pena-Flores-letter-brief.pdf

Atleast the LEO will be getting OT waiting for a search warrant from a judge. Too bad for the vehicle's occupants and for the towns picking up the extra OT.

The Admin from my department had a special meeting on this subject on how to handle this today.

Billy T.
gnxtc2@aol.com

 

[tommynos]

Just a guess but maybe if the cops didnt abuse that right they had to search due to the "We smell something funny and want to search" maybe they would still be able to use that?

I mean its obvious that the reason they cant do it anymore is due to cops abusing it and failing to produce product?

 

[BuckeyeTroop]

The smell of burnt marijuana or fresh marijuana is very distinct and anyone in law enforcement can identify with proper training. Just because you come up empty on a search doesn't mean there wasn't marijuana in the car previously. Sorry about your luck if your car got searched because you are a criminal but got lucky this time around. A very liberal court made that decision.

 

[scot w.]

The smell of burnt marijuana or fresh marijuana is very distinct and anyone in law enforcement can identify with proper training. Just because you come up empty on a search doesn't mean there wasn't marijuana in the car previously. Sorry about your luck if your car got searched because you are a criminal but got lucky this time around. A very liberal court made that decision.

This line is crazy!! ( Just because you come up empty on a search doesn't mean there wasn't marijuana in the car previously.) What do you mean by Previously??
Would that be 5min prior to being pulled over?
Would that be 5hrs prior to being pulled over?
Would that be 5days prior to being pulled over?
Would his windows of had to stay up in order to still smell ??

LOL, ROTF

BTW: I was raided once by cops and they totally trashed my house, held me to the ground handcuffed laying on my stomach looking at a search warrant thst was slid in front of my face and Guess what? They raided the WRONG HOUSE!! There super scumbag informant gave them the wrong house to raid. Isn't that nice? Of corse they never found a thing, Or listened to me saying "I don't know what your talking about!" while there dog went in circles and then they left and I was left to completely put my WHOLE HOUSE back and fix the stuff they ripped up. GOT NOTHING FROM THE CITY for it either!!!

Weeks later they raided the neigbors 4 houses down the block!!


Police need to do just alittle more research before just busting into peoples houses and raiding them with just some scum bags information!!!

Scot W.

 

[scot w.]

When a LEO stops a car and detects an order of Marijuana, he can NOT search the vehicle. The LEO now seizes the vehicle, tows it to headquaters, transports the driver/passengers to headquaters and calls the judge for a search warrant. If the search warrant is granted, then the vehicle is searched.

Good bye to exigent circumstances, warrantless search automobile exception here in NJ

Way to go NJ Superior court judges.

Read the court document:
http://www.judiciary.state.nj.us/webcast/opinions/ob_A_129_06.pdf

Atleast we have the Attorney General fighting for us:
http://www.nj.gov/oag/newsreleases09/pr20090310a-Pena-Flores-letter-brief.pdf

Atleast the LEO will be getting OT waiting for a search warrant from a judge. Too bad for the vehicle's occupants and for the towns picking up the extra OT.

The Admin from my department had a special meeting on this subject on how to handle this today.

Billy T.
gnxtc2@aol.com

Tows it at the owners cost? Wastes owners time, Wastes LEO's time..

I would be totally pissed off if a LEO pulled me over and had a smell and towed my vehicle, wasted all my time, didn't find Anything and then charged me the towing fee..

Thats just CRAZY!!!

I would rather him search it right then and there and let me get back on my way!!

 

[turbofish38]

The smell of burnt marijuana or fresh marijuana is very distinct and anyone in law enforcement can identify with proper training.

The smell of ATF(thats Auto Tranny Fluid and not Alky,Tobacky & Flamethrowers to you LEOs) soaked into good ol' American cardboard also smells like reefer. So I guess you Jersey guys better not be hauling around your old torque convertors in your car if you don't want some bonehead abusing your 4th Admendment rights.

 

[tommynos]

The smell of burnt marijuana or fresh marijuana is very distinct and anyone in law enforcement can identify with proper training. QUOTE]

Bingo,but im guessing here and im pretty sure im right,that this power to search due to smell was abused by many...They cant smell coke,pills, guns or whatever so when they ask to search and you dont give them consent some cops probably just said it smells like pot in here and went ahead with the search...

If I was a cop and wanted to search the vehicle knowing he most likely had some sort of drugs and the person was acting in a way that lead me to believe they were holding,id use the "I smell something funny" thats why im not a cop,id be a dirty one and we have enough of them as it is...

By the way Scott my house was raided in 1996 and they had the right house just bogus info,they found nothing but did p!ss me and my wife off as the neighbors thought we were drug dealers...

 

[SS_Sean]

Tows it at the owners cost? Wastes owners time, Wastes LEO's time..

I would be totally pissed off if a LEO pulled me over and had a smell and towed my vehicle, wasted all my time, didn't find Anything and then charged me the towing fee..

Thats just CRAZY!!!

I would rather him search it right then and there and let me get back on my way!!

You seem to condone drug use. That true? I'm not so sure I would want to do business with people of your type. :wink: You may want to keep your personal opinions to yourself. It may hurt business. Get my drift?

 

[tommynos]

You seem to condone drug use. That true? I'm not so sure I would want to do business with people of your type. :wink: You may want to keep your personal opinions to yourself. It may hurt business. Get my drift?

Im not sure where you see that in ANY of his post???

 

[turboc87gn]

hmmmm that blows and= increased chances for lots of aggravation and unecessary aggravation!!!!

 

[TURBOPOWERED68]

We are focked!!!!!
"Major blow" look at it from a civilians point view.

 

[turboc87gn]

all these people lookin and no replys !!!!! What sucks is the tow fees and the damage to ur car from an a hole tow truck driver and were not gonna even talk about dirty impounds yards stealin **** and all the waitin if you were doin somethin important!!! Like meim an expedite trucker half my life is in my van clothes laptop etc etc etc im sitin in it as we speak

 

[GNBRETT]

Well I can understand that. I mean Marijuana has no distinct smell and if a LEO smelled Marijuana it would likely be from a passing car from the other side of the highway.... Way to go NJ Supreme court.

That should really convince people to think now before getting high while behind the wheel. Nothing like liberal judges flexing their muscles to maintain their liberal agenda.

 

[GNBRETT]

This line is crazy!! ( Just because you come up empty on a search doesn't mean there wasn't marijuana in the car previously.) What do you mean by Previously??
Would that be 5min prior to being pulled over?
Would that be 5hrs prior to being pulled over?
Would that be 5days prior to being pulled over?
Would his windows of had to stay up in order to still smell ??

LOL, ROTF

BTW: I was raided once by cops and they totally trashed my house, held me to the ground handcuffed laying on my stomach looking at a search warrant thst was slid in front of my face and Guess what? They raided the WRONG HOUSE!! There super scumbag informant gave them the wrong house to raid. Isn't that nice? Of corse they never found a thing, Or listened to me saying "I don't know what your talking about!" while there dog went in circles and then they left and I was left to completely put my WHOLE HOUSE back and fix the stuff they ripped up. GOT NOTHING FROM THE CITY for it either!!!

Weeks later they raided the neigbors 4 houses down the block!!


Police need to do just alittle more research before just busting into peoples houses and raiding them with just some scum bags information!!!

Scot W.

And what does that have to do with the smell of Marijuana in car? What post are you referring to?

 

[turboc87gn]

glad i dont smoke treefers

 

[GNBRETT]

The smell of ATF(thats Auto Tranny Fluid and not Alky,Tobacky & Flamethrowers to you LEOs) soaked into good ol' American cardboard also smells like reefer. So I guess you Jersey guys better not be hauling around your old torque convertors in your car if you don't want some bonehead abusing your 4th Admendment rights.

How likely do you really think it's gonna be that someone is going to hauling around old torque converters.... What are you talking about? A cop does not smell reefer from inside a trunk. He smells it from the interior of a vehicle after people have been smoking recently.

Cops don't have K9 senses to smell packaged marijuana hidden in a trunk or trap so unless one was planning on hauling around torque convertes soaked in cardboard in their front seat I would say they qualify as the "Bonehead" here.

 

[scot w.]

You seem to condone drug use. That true? I'm not so sure I would want to do business with people of your type. :wink: You may want to keep your personal opinions to yourself. It may hurt business. Get my drift?

NOPE!! You couldn't farther from the truth Sean!! All I do is have some beers every now and then if you really like to know my buisness but posts like this and your ASSumptions will hurt too Catch my DRIFT?? But i'll be sure to keep you on my sale list for the future Thanks for your .02

OH BTW, You should read the bottom line of my post that you quoted me!!


Scot W.

 

[scot w.]

And what does that have to do with the smell of Marijuana in car? What post are you referring to?

Brett,

The top half is related to the smell of marijuana, The second half was a story of a city's stupid mistake that I had to indure..

Scot W.

 

[Kent Buckles]

I allowed a full search with K-9 of my vehicle a few years ago. Thay smelled a strong scent of Marijuana coming from the vehicle. They concentrated on the engine bay and looked everywhere under the hood. I fianally convinced them it was black pepper I had been using to stop a radiator leak. Wiped a little off for them from around the radiator neck to convince them. Those LEOs must have been used to some low quality pot!

 

[charlief1]

And yet another reason I don't go above the Mason Dixon line. And no I don't use but I used to bust them in the Army.