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State v RM, Union County Superior Court
In October 2018, the defendant faced serious criminal charges in Union County Superior Court. Prosecutors charged him with second-degree unlawful possession of a weapon and fourth-degree possession of hollow-point bullets. Under the Graves Act, the State offered a prison term of five years in New Jersey State Prison, with a mandatory minimum of 42 months without parole.
Gun Possession Charges Dismissed After Illegal Vehicle Search
The Defense Strategy
Lazzaro Law filed a suppression motion, arguing that the search of the defendant’s vehicle violated his Fourth Amendment rights. The defense focused on the police officer’s claim that an “overwhelming odor of burnt marijuana” justified the warrantless search. This supposed odor came from the console area between the front seats.
However, the officer’s body camera footage showed that this claim was inconsistent with the actual events. No marijuana or any other drugs were found during the search of the interior or the trunk of the car. Despite this, the search extended to the trunk, where a handgun loaded with hollow-point bullets was found. The footage directly contradicted the statements in the police incident report, revealing that the odor used to justify the search was fabricated.
Outcome and Legal Impact
At the start of the suppression hearing in October 2019, the State dismissed both the gun and hollow-point bullet charges. The case was heard before Judge Lisa Walsh in Union County Superior Court.
This result highlights the importance of aggressive defense in gun possession cases. Lazzaro Law successfully exposed constitutional violations and held law enforcement accountable, resulting in a complete dismissal of charges.
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