Ocean County couple arrested on marijuana and cocaine charges
A man and a woman were arrested and charged Monday with possession of a stolen handgun, possession of cocaine with intent to distribute, and possession of marijuana with intent to distribute after law enforcement stopped the couple's vehicle and searched it. The search led to a secret compartment in the vehicle which contained cocaine, pot, and cash. After this search of the vehicle, police obtained a search warrant for the defendants' home. This search of the home led to additional marijuana and a stolen handgun which was reported stolen in Toms River in 2006. Both defendants remained in the Ocean County Jail in Toms River on $150,000.00 bail.
It will be interesting the see what the basis for the initial search of the vehicle was. Police cannot simply search a vehicle unless they have probable cause to believe that contraband is contained in the vehicle, they are conducting a search incident to arrest, or they are impounding the vehicle. If the defendants are successful in arguing that the initial search was unlawful and violated their rights, then all of the subsequent contraband found is inadmissible against them under the "fruit of the poisonous tree" doctrine. We'll see how this case unfolds.
