Cops find heroin and a firearm based on parking violation
According to the Asbury Park Press article, police approached the defendants' vehicle based on a parking violation and found heroin and a loaded gun in the vehicle. Three men were arrested on May 28th around 10:30 p.m. for possession of heroin, hypodermic needles, and drug paraphernalia.
The three men were inside a Ford Taurus which was parked in a spot reserved for bridge tenders in Swing Bridge Park, near the Sea Bright Rumson Bridge. Police approached the vehicle based on this parking violation and allegedly saw one man trying to hide something. Police also allegedly saw hypodermic needles. Based on these observations, and the "plain view" exception to the warrant requirement, police executed a search of the vehicle and found heroin and a .22 caliber pistol in the car. One of the men was charged with unlawful possession of a weapon and possession of a defaced weapon for the .22 caliber pistol because the serial numbers on the gun had been scratched off.
This is a classic "plain view" exception to the warrant requirement. If police have a valid reason for the traffic stop, which in this case was a parking violation, and police observe objects of clear criminality, police may execute a search based on the items being in plain view. The requirements of the plain view doctrine are essentially: (1) Lawful access to the place from which the item can be plainly seen. (2) Lawful access to the object itself. (3) The object’s incriminating nature must be immediately apparent.
