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Police officers throughout Ocean and Monmouth County are now using a new device that can scan passersby vehicle license plate numbers in a second and instantly provide the status of your vehicle and information about its owner. With 6 cameras mounted on the roof of the "reader car", information is instantly sent to the dashboard computer screen. If a vehicle warrants stopping, such as a outstanding warrant for arrest, an alert beeps and the officer can initiate a motor vehicle stop. The legality of the instruments usage has already been approved in a recent case, State v. Donis, that held that a police officer may randomly check the status of a vehicle registration or driver's license and whether the vehicle or its plates are stolen. According to one source, there are approximately 1.5 million unregistered or unlicensed vehicles in the State of New Jersey.
The scanners have powerful uses for crimes other then motor vehicle violations enforcement. Each scanner saves the data of license plate numbers it has read. If for example, bank robbers are casing a place for several hours beforehand their plates may be picked up by a police camera. Police are able to fetch this data many days later if need be as evidence to help establish probable cause and other elements of the crime.

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The everyday traffic stop by a police officer has recently taken a drastic new turn. Implementation of tiny personal cameras pinned onto every police officer in Sea Girt Jersey is sure to create vibrations that will be felt for decades to come throughout New Jersey courtrooms. Created by Axon System the mini cameras are mounted on a headband, eyeglasses, or clipped to the collar of police and are able to record up to six hours of an officer at work. When video is recorded, it is wirelessly uploaded to a website, evidence.com, where it is available for retrieval by an officer with the proper authority. This groundbreaking implementation of technology, already used in Western States, is hoped to lead to better overall law enforcement procedure. In today's highly litigious society where even a simple traffic stop may end up in municipal court, this new upgrade will have untold effects.

The new technology will cost the Sea Girt Police Department about $2,000 per system and $1,200 in annual cost for data storage per unit. Sea Girt, with only 11 police officers, is the first of New Jersey's 566 municipalities to implement the mini cameras but already officials in Morristown and Cape May County have indicated their intent to have them soon. This new technology is possibly a response to the current trend of motor vehicle drivers recording snippets of their traffic stop with a cell phone. Rather than having only 10 seconds of recording, the longer videos will provide greater insight into the specifics of what happened.

Continue reading ""Big Brother" Police in New Jersey Are Watching You!" »

In a recent New Jersey Appellate Division case, the three Judge panel concluded that cellular telephone location searches are valid according to the Constitution of New Jersey. State of New Jersey v. Thomas W. Earls, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, DOCKET NO. A-2084-07T4, decided July 11, 2011. According to police officers, a cell phone signal was used to track a suspect from a string of burglaries. The signal could not lead them directly to the suspect; it could only point them in a general area. Once the general area was determined, police then had to move in and physically search for the suspect.

The suspect in this case, as mentioned, was involved in a number of burglaries and police officers were eager to track him down. One of the reported victims told police that the suspect had stolen his cellular phone. The police then obtained a cell phone data warrant and located the phone. The new "owner" of the stolen phone was arrested but was not the suspect the police were seeking. The new owner knew the suspect and told police that he had a storage unit with his quasi-girlfriend where he kept stolen property. Armed with the identity of the sometimes girlfriend, Middletown Police located her for questioning. The girlfriend led police to the storage unit and signed a release for the storage company to break the lock of the storage unit. When inside, Middletown Police found a number of stolen items leading police to obtain a warrant for the suspect's arrest.

Armed with a warrant for the suspects arrest and concern for the suspect's girlfriend's safety, the police began to aggressively search for him. Middletown Police Officers contacted T-Mobile, the suspect's cell phone carrier, and asked them to locate the suspect. T-Mobile stated that they could not provide police with an exact location, but could give them a general area to search. Although there were a series of misses, police eventually located the suspect at a hotel in Howell on Route 9.

Once inside, police officers presented the warrant and made the arrest. Officers later testified that they had taken a flat screen TV from the room as well as other merchandise because it was "in plain view", not requiring a separate warrant. During the "plain view" search, the officers took a suitcase and later asked the suspect if they could go through it. He consented and officers found more stolen goods and an undisclosed amount of marijuana. The suspect was indicted for: burglary (N.J.S.A. 2C: 18-2), theft of moveable property (N.J.S.A. 2C: 20-3(a)), receiving stolen property (N.J.S.A. 2C: 20-3(a)), and possession of marijuana (N.J.S.A. 2C: 35-10(a)(3)).

On appeal, the defendant alleged a constitutional violation of his right to privacy. His main argument was that police officers obtained information from his cell phone carrier, without a warrant, to locate him. The defendant claimed he was the victim of an illegal search and seizure. The Court had to decide if the search was violative of Article I, paragraph 7, of the New Jersey Constitution, which protects citizens of New Jersey from illegal search and seizure. The Court determined that the defendant's rights had not ultimately been violated because (1) the cell phone trace did not lead the police directly to him (only a general area), and (2) the use of a tracking device (in this case a phone) tracked the defendant through public roads and highways where there is no reasonable expectation of privacy. There are a string of cases the court used to affirm their decision that essentially state the same principle. In this case, the Appellate Division upheld the lower courts ruling and the defendant's convictions did in fact stand.

Continue reading "Cell Phone Triangulation NOT Violative of New Jersey Constitution! Call an Experienced NJ Criminal Defense Attorney to Discuss your Case! " »

Recently, Monmouth County Sheriff's Officers went to a home in Middletown to serve an arrest warrant to Raymond Schmidt for failure to appear in court. When the officers arrived at the household where they thought he'd be, Justin Strohmenger answered the door. Mr. Strohmenger denied knowing Mr. Schmidt so the police left. While at the door, however, the police noticed drugs and/or drug paraphernalia in plain sight. The officers quickly sought out and received a search warrant and returned to search the house. During the search, the police officers found a treasure trove of marijuana growing (50 plants) in the basement of the home as well as containers filled with marijuana and other drug paraphernalia. Monmouth County Sheriff's Officers quickly scoured the house with a K-9 unit, placed Mr. Strohmenger under arrest, and confiscated all illegal drugs that they found.

Mr. Strohenger of Middletown in Monmouth County was most likely charged with Possession of Marijuana (N.J.S. 2C: 35-10), Maintaining or Operating a Controlled Dangerous Substance Production Facility (N.J.S. 2C: 35-4), and Manufacturing, Distributing, or Dispensing a Controlled Dangerous Substance(N.J.S. 2C: 35-5). All of these New Jersey drug offenses are very serious and can carry severe prison sentences and heavy fines. Possession of Marijuana over 50 grams (well over that limit in this case) is a crime in the fourth degree. A conviction for a fourth degree crime can carry a fine of up to $25,000.00 and is punishable by up to 18 months in prison. The other two charges, however, are much more severe and are considered first-degree crimes. Maintaining a CDS Production Facility can lead to between 10 and 20 years in prison and a fine of up to $750,000.00 or 5 times the street value of the drugs that were confiscated. The Manufacturing, Distributing, or Dispensing charge also carries a prison sentence of between 10 and 20 years and imposes a fine of up to $300,000.00.

The recent bust is a big one for Monmouth County law enforcement as it shut down a large operation. It is important to remember, however, that Middletown and all Monmouth County law enforcement are also interested in the smaller busts. An Individual can be charged all the way down to the disorderly persons offense of marijuana possession (N.J.S. 2C: 35-10). This disorderly persons offense is reserved for those found with under 50 grams of marijuana. If found with over 50 grams of marijuana or hashish, and individual will face penalties of a fourth degree crime.

There are also New Jersey drug statutes that "step up" drug charges and penalties including: Distribution to Persons Under Age 18 (N.J.S. 2C: 35-8), Controlled Dangerous Substances Near or On School Property (N.J.S. 2C: 35-7), and Distributing, Dispensing, or Possessing Within 500 Feet of Certain Public Property (N.J.S. 2C: 35-7.1). Conviction for any of these crimes can lead to increased jail and prison time and heavier fines.

Continue reading "Middletown Resident Busted! Sheriff's Officers Find 50 Marijuana Plants Growing in Basement!" »

Middletown is a large township of around seventy thousand residents located in northern Monmouth County and surrounded by Holmdel, Hazlet, Colts Neck and Rumson. It is directly accessible through Route 35, Route 36, the Garden State Parkway, and through the New Jersey Transit's North Jersey Coast Line. Middletown is well known for the various Monmouth County parks and recreation areas scattered throughout the township and for its active nightlife. Middletown is noted as having one of the largest and most active police forces in all of Monmouth County.

Middletown is closely situated to the Jersey shore and holds many summer oriented seasonal events itself. Beach season in Middletown corresponds with heavy traffic congestion, a quick spike in population density, and as a result, an increase in police activity. This increase in police activity usually is made apparent through a heightened number of motor vehicle moving violations and disorderly persons violations handed out beginning shortly after Memorial Day weekend.

Since so many people are interested in getting to the Jersey shore during the summer, many local roads are regularly backed up in Middletown for miles and miles. Along with this new congestion comes a heightened supervision of the roads by the Middletown Police who last year alone, handed out 4,440 moving violations and 192 DWI's. Being charged with a DWI, DUI, or Refusal in Middletown can have a dramatic impact on an individual's future. Aside from immediate penalties, such as monetary fines approaching $1,000.00, the possible installation of an ignition interlock device, loss of license for up to ten years, community service, and jail time, individual's facing these alcohol related offenses will be stigmatized for the rest of their lives if found guilty of the offense.

Disorderly persons offense are also frequently charged in Middletown. Last year local law enforcement handed out 521 disorderly persons offenses in Middletown. These charges, which include disorderly conduct (N.J.S. 2C: 33-2), underage drinking (N.J.S. 2C: 33-15), possession or use of a fake I.D. (N.J.S. 2C: 21-2.1), assault (N.J.S. 2C: 12-1), possession of drugs and possession of drug paraphernalia (N.J.S. 2C: 35-10, N.J.S. 2C: 36-2), criminal mischief (N.J.S. 2C: 17-3), and resisting arrest (N.J.S. 2C: 29-2), can result in serious penalties. The possible sentence for one of these offenses can lead to hefty monetary fines, jail time, payment of restitution, probation and more.

For further information on the Middletown Township Municipal Court, visit their website at:
http://www.middletownnj.org/content/court.html

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