New Jersey Supreme Court Holds that the Search of Defendant Sitting Inside his Automobile Five or Six Houses Away was Unlawful Since the Search Warrant was for the Home and not his Automobile
Prepared as a Public Service by the Law Office of Vincent J. Sanzone, Jr., Esq.
In another defense victory the Supreme Court ruled that a search warrant being executed of a suspect’s home does not authorize the police to conduct a search of the suspect’s vehicle parked some distance away from the house. In this case the search warrant authorized the search of the house and all people present in the house reasonably believed connected to the premises or involved in the alleged illegal activity.
Initially, the trial court denied the motion to suppress the 30-bags of crack cocaine which was found on the suspect while sitting in his automobile. The Appellate Division reversed citing, Bailey v. United States, 133 S.Ct. 103 (2013) which held a search of a suspect who has left the search warrant “spatial area”, cannot be detained or searched unless justified by some other reason other than the search warrant of the premises. In this case there was no evidence that the suspect was fleeing the area, or was identified as being connected to the house.
A motion to suppress evidence sometimes is the most valuable weapon in the arsenal of a criminal defense attorney. Make sure that before you take a plea that you have an experienced criminal defense attorney analyzed or case to determine whether you have a chance to have the contraband seized suppressed.
Attorney Sanzone has been successful in many of his cases in which this was a viable issue, and has had many cases dismissed because of the suppression of evidence regarding various types of contraband.
Vincent J. Sanzone, Jr., Esq.
YourCivilRights@gmail.com
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