Are the results of a search of my car due to a trespassing charge null and void if I’m found not guilty of trespassing?
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Are the results of a search of my car due to a trespassing charge null and void if I’m found not guilty of trespassing?
I arrived at a house party one night. I was unsure about how to get in, so I knocked on the front door. When I did, those inside ran out the back. As I turned to the driveway 2 cop cars pulled in and I was arrested for trespassing. The charge stated, “…enter a structure or dwelling of _ at _ knowing that he was not licensed or privileged to do so”. Later, without asking or telling me, they searched my car and found 3 pipes. I was charged with paraphernalia and possession. Are these findings valid if I never entered the building and am found not guilty? The house was being foreclosed on?
Asked on December 30, 2011 under Criminal Law, New Jersey
Answers:
Russ Pietryga / Pietryga Law Office
Answered 12 years ago | Contributor
First, from the facts, it does not appear that you were tresspassing. That said, unless they had a warrant, the search of your vehicle is presumed unlawful. The remedy for an unlawful search is suppression of the evidence found in the vehicle.
However, you or your attorney are going to have to file a motion to suppress the evidence. The basis for the warrant would be that the police officers did not have reasonable suspicion and/or probable cause to search your vehicle. Wherefore, all evidence seized do to te unlawful search should be suppressed.
Hope this helps.
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