Suppression of Evidence Upheld by Appellate Court
On April 27, 2007 a New Jersey Appellate Division Panel upheld a lower court’s decision to suppress evidence obtained by police by ruling that the police did not have probable cause to search the trunk of the defendant’s car. In the case entitled State of New Jersey vs. Raheim Holloway, App. Div. A-5171-05T1, the court affirmed a decision reached in the Cumberland Superior Court that the police illegally obtained a silver handgun and a bag of cocaine when they searched the trunk of the defendant’s car.
The police were dispatched to a home in Vineland, New Jersey to investigate a report of domestic abuse. Upon reaching the residence the police were able to secure the defendant by placing him in handcuffs and placing him under arrest. The police then requested the defendant’s keys and searched the trunk of his car. They found the handgun and cocaine in the trunk of the car.
Both courts agreed that the evidence obtained from the trunk of the car was obtained in an unconstitutional manner. A warrantless search such as this one requires “exigent circumstances.” Once the defendant has been arrested and is in handcuffs, he is “out of the picture.” There is no way the defendant could “use that weapon or get that weapon to cause anyone any damage at that point in time.” The police should have obtained the appropriate warrant to search the car. But they did not. If you have been charged with a crime, it is important that you obtain the appropriate legal representation. Call a criminal attorney at Lependorf & Silverstein, P.C. A lawyer at the firm of Lependorf & Silverstein, P.C. will review the facts of your case with you to determine the best course of legal action for your circumstances. Feel free to contact us today for a free telephone consultation.
