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my friends and i parked our car in a lot next to my friend house and began walking to the house from the lot. As we were doing so a man came out of the building and said "hey take it somewhere else" (refering to the marijuana he smelled in the air) the man never saw anyone smoking weed. when we made it to the house next door to the lot we were sitting in the driveway and the police run up on and start yelling where is the weed then they searched us making me take off my shoes and found nothing on anyone yet they still brought us downtown (with out reading us any rites) and made my our parents get us from the station My one friend did confessed to smoking weed before the incident but there is no evidence of this happening other than the man smelling it.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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The police must respond to the scene when the neighbor reported the alleged crime. I am sure the neighbor said that he smelled marijuana. The police can ask questions about the crime. The police could utilize the information provided by the neighbor. The police questions and actions were ultimately justified by the one defendant pleading guilty to the possession. As such the police actions would be justified. You would not have a successful civil complaint against the police. Ed Dimon
Answered on Jan 03rd, 2015 at 5:41 AM