Three men charged with drug possession after traffic stop in Wall
Police stopped a vehicle on the Garden State Parkway on Friday June 12th after receiving reports about occupants tossing beer bottles out the window. When police approached the vehicle after effectuating a traffic stop, they observed one beer bottle in the front of the vehicle, on the floor by the passenger's side, and one bottle in the back of the vehicle. Police also allegedly spotted a bag containing 19 small packets of suspected marijuana.
Then, the vehicle was impounded based on these findings and Ecstasy tablets were also found. Based on these circumstances, two passengers were charged with possession of marijuana with intent to distribute. Another passenger was charged with possession of Ecstasy. For additional information, see "Three facing drug charges after traffic stop in Wall".
The initial basis for the search in this case was the plain view exception to the warrant requirement. The reason police did not need a warrant when they seized the marijuana is that the marijuana was in "plain view" as police approached the vehicle and effectuated a lawful traffic stop. Then, another exception to the warrant requirement was utilized in this case because the vehicle was impounded. Since the driver and passengers were arrested, the vehicle had to be impounded which allows the police to search the vehicle to conduct an "inventory search" to preserve any and all possessions in the vehicle. This is how the police lawfully obtain the drug evidence without obtaining a warrant.
