I represented a client last week who was charged with possession of marijuana (under 50 grams) in Morris Plains Municipal Court located in Morris Plains, New Jersey. This is a disorderly persons offense in New Jersey which, if convicted, results in a permanent record, up to six (6) months in the county jail, up to a $1,000.00 fine, and a six (6) month driver’s license suspension. My client was stopped for careless driving and was allegedly consented to the search of his vehicle which led to the seizure of marijuana and my client’s arrest. Upon my review of the discovery package provided by the State, it became clear that this was not a voluntary consent search and was an unlawful search without a warrant.
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