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by RottenApple
Fri May 31, 2013 12:40 am
Forum: Other States
Topic: New Jersey: Court Upholds Man Arrested For Visible Gun Case
Replies: 16
Views: 3594

Re: New Jersey: Court Upholds Man Arrested For Visible Gun C

philip964 wrote:That he received five years in prison for doing what is protected under the constitution or that the search of his car was justified?
Yes to both.
philip964 wrote:If the rifle case was visible through a window, I feel the search was justified. However the rest, well you know.
Why? A rifle case is not, nor should ever be, probable cause for search. Especially since his vehicle had TX plates (according to the article). The most reasonable assumption would have been a traveling exemption. If the officers felt a search was justified, then they should have waited on a warrant as there was little to no chance of evidence disappearing.

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