What Is A Legal Police Stop?

We're Proud to Serve the Members of NJEA, UFCW Local 1262, and the NJ Policemen's Benevolent Association.

Contact Our Office

We Accept the Following Payment Options

Category Archives: Criminal Defense

What Is A Legal Police Stop?

Criminal Attorneys Serving Clients in Long Branch, Shrewsbury, Spring Lake, Tinton Falls, and across Monmouth County

When is it legal for a police officer to stop you? When does it violate your rights? If facing criminal or even a municipal court disorderly persons violation, it is important to contact an attorney that is familiar with the municipality where you were charged as well as the type of charge you are facing. The intricacies of the legal process are extensive, and in many cases, your rights, your finances, and even your freedom could be in jeopardy. Do not make the mistake of going to court alone.

Police Stops for Probable Cause Reviewed by a NJ Certified Criminal Trial Attorney

A police officer may stop a citizen if there is probable cause to believe that the person is either engaging in criminal activity or is about to do so.

State v. Kasabucki, 52 N.J. 110, 116-7 (1968). See, United States v. Cortez, 449 U.S. 417-418 (1981); State v. Davis, 104 N.J. 490 (1986). The police officer’s suspicion must be well grounded in some fact which leads him to conclude that a crime is being committed. Id. The United States Supreme Court has defined probable cause to stop a citizen as “fair probability that contraband as evidence of crime will be found”. United States v. Sokolow, 490 U.S. 1, 7 (1989). See, State v. Williams, 251 N.J.Super. 617 (Law Div. 1991).

Police Stop for Investigatory Purposes in Monmouth County NJ

Police officers may also stop citizens for investigatory purposes even if the officer does not have probable cause to arrest the person. The most important element for a stop is that the officer believes criminal activity is afoot.

In State v. Farinich the New Jersey Appellate Division held that, “A police officer may in appropriate circumstances and in an appropriate manner approach a person for the purposes of investigating possibly criminal behavior even though there is not probable cause for arrest. 179 N.J.Super. 1, 5 (App.Div. 1981)(emphasis added). See, Terry v. Ohio, 392 U.S. 1, 22 (1968); State v. Sheffield, 62 N.J. 441, 447 (1973). Further, the Cortez Court held that a police officer must take into consideration all of the circumstances in a given situation before stopping a person.

The Court stated, “the detaining officers must have a particularized and objective basis for suspecting the particular person stopped of criminal activity”. Id. at 417-8.

Were your Fourth Amendment Rights Violated in a Jersey Shore Traffic Stop?

The length of an investigatory stop is also a factor in determining if a stop violated the citizen’s Fourth Amendment rights. It is well settled that a stop must be no longer than is reasonably necessary for the officer to ascertain if the person is engaged in criminal activity.

In Florida v. Royer the United States Supreme Court held, “an investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop. Similarly, the investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer’s suspicion in a short period of time. It is the State’s burden to demonstrate that the seizure it seeks to justify on the basis of a reasonable suspicion was sufficiently limited in scope and duration to satisfy the conditions of an investigative seizure.” 460 U.S. 491, 500 (1983).

Contact Ocean and Monmouth County Criminal and Municipal Court Lawyers for a Consultation

Our attorneys have many years of experience handling municipal court and criminal matters where the legality of the police stop is in question in towns such as Long Branch, Shrewsbury, Belmar, Tinton Falls, and across the Jersey Shore.

If you want to know if your rights were violated during the police stop contact Monmouth County attorneys of Chamlin, Rosen, Uliano & Witherington at the West Long Branch, NJ office at 732-440-3950 or toll free at 888-328-9131.

When Can Blood Be Drawn For A DUI/DWI? What Is Proper Procedure For The State To Use Blood As Evidence In A DUI/ DWI Case?

DUI Attorneys Serving Clients in West Long Branch, Red Bank, Colts Neck, Deal and across Monmouth County Drawing blood is a sensitive issue, and one that raises subjects including invasion of privacy, chain of custody, and whether the blood was drawn in accordance with medical standards. Typically, during an investigation of a motor vehicle accident,… Continue Reading

Drug Possession Charges When You Would Least Expect

Drug Possession Attorneys Providing Representation in Asbury Park, Belmar, Colts Neck, Middletown, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como and across Monmouth County Area Sadly, possession of drugs or other illegal items is a common criminal charge in Monmouth County and across New Jersey. This charge may be either a felony or a misdemeanor, depending on… Continue Reading

Can I Sue a Drunk Driver Who Injured Me?

According to New Jersey law, a blood alcohol concentration of above 0.08 is considered to be driving under influence (DUI). A driving under the influence conviction is considered to be a traffic offense, and not a criminal offense, but nevertheless carries steep penalties, especially for repeat offenses. If however, a drunk driver injures another person,… Continue Reading

Can the Police Test my Blood when I am Arrested for a DUI?

Many drivers are unsure of their rights when they arrested for driving while intoxicated. Can I refuse a breath-test? Can I refuse a blood-test? These are common and important questions in DUI cases, and a US Supreme Court ruling from last June gives us a clear and definitive answer to these questions. In the controversial… Continue Reading

Long Branch Gun and Drug Charges Attorneys

Long Branch Drug Bust Results in $32K and 1Lb. Cocaine Seized… After conducting searches at two residents in Long Branch police located and seized 1.1 pounds of cocaine, $32,000 in cash as well as a .22 caliber handgun. Charges have been filed with possibly more to come, according to Monmouth County Prosecutor Christopher Gramiccioni, perhaps ranging… Continue Reading

Monmouth County, NJ Opioid Crisis Shows Signs of Decline

For many years, Ocean County and Monmouth County, NJ have been considered hotbeds for illegal and dangerous opioid usage. Controlled substances including Oxycontin and Percocet were being abused and distributed at an alarming rate. However, there is reason to believe that these trends are beginning to reverse. As reported in an nj.com article from earlier this week, Ocean and… Continue Reading

What are “Certain Persons” Weapons Charges in NJ?

New Jersey and New York have some of the strictest gun regulations in the U.S. One such regulation is the limitation of “certain persons” from acquiring or owning weapons and/or firearms. Certain persons charges can range from second to fourth degree felonies and carry severe penalties upon conviction. New Jersey lawmakers have put these statutes… Continue Reading

Off-Duty Police Officer Pleads Guilty to Long Branch, NJ Vehicular Homicide

On September 22nd, 2017, 66 year old Karen Borkowski was struck by a vehicle while crossing Ocean Boulevard in Long Branch. Borkowski was pronounced dead at the scene of the accident according to nj.com. The driver of the vehicle was off-duty police detective Jake Pascucci. As a result of this accident, detective Pascucci has pled guilty… Continue Reading

What Matters Most

  • You gave me strength, support, comfort, and beyond powerful legal assistance, you gave extra kindness and generosity beyond expectation, as if you were my brother, beyond normal, in the realm of righteous.

Ready to Represent You

Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

monmouth county lawyer map

Contact Our Office

Not sure where to begin? We welcome all inquiries and will help in whatever way we can.