NJ Illegal Search of Person Lawyer

Did Police Search Your Body, Pockets or Clothing?

If you were searched and thereafter arrested by police, our lawyers can assist you. The reality is that while searches of people and their pockets, shoes, socks, underwear, and jackets are conducted every day by law enforcement, these efforts are often illegal under NJ law. This is where our attorneys come into the picture.

We defend individuals in this state and we know the ins and outs of New Jthe representation you deserve, including aggressive pursuit of a Motion to Suppress if you were subjected to New Jersey Search Law. A lawyer on our staff will make sure that your rights were not violated and that you receive an improper search.

 The following is a preview  summary of the law in NJ concerning searches of the person, including clothing.

New Jersey Law: Body or Clothing Search by Police

A police officer must generally possess a legitimate suspicion before he or she may lawfully conduct a search of an individual. The level of suspicion necessary in a particular situation hinges on the nature and objective of the search. The following are general rules concerning searching an individual:

• Search for a Weapon: Law enforcement is permitted to conduct a pat down or frisk in accordance with the United States Supreme Court decision in Terry v. Ohio, 392. U.S. 1 (1968), where there is a reasonable suspicion to believe that a person possesses a weapon. This variety of search is commonly referred to as a Terry Pat Down or Search.
• Search for Evidence of a Crime: Police must possess both Probable Cause and an Exigent Circumstance before they may search an individual to uncovering evidence of a crime (e.g. drugs or property). The term probable cause refers to enough proof to lead a reasonable person to believe that a crime or evidence of a crime exists. An exigent circumstance exists where there is reason to believe that, but for the police acting right now to search and seize an item, the evidence is likely to be destroyed; in other words, it isn’t really practical for law enforcement to obtain a warrant because of the threat of destruction or loss of the evidence.
• Search Incident to Arrest: Provided the arrest is lawful, an ensuing search of the body and clothing is permitted by law.
• Consensual Search: If an individual knowingly and intelligently provides a CONSENT to Search, evidence thereafter discovered on his or her person may be lawfully seized by police.
• Parole or Probation Search: A search of a defendant by his or her probation officer or parole officer is valid provided there exists a reasonable suspicion to believe that evidence of criminal conduct exists.