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Monthly Archive: November 2008

November 26, 2008

New Jersey Superior Court Finds Standard of Reasonable Suspicion Necessary to Search Student’s Vehicle

The Superior Court of New Jersey recently upheld a conviction of a high school student for possession of a controlled dangerous substance, distribution of a controlled dangerous substance, and distribution within 1,000 feet of a school. The evidence used to convict the defendant was obtained through a “reasonable suspicion” search of the student’s vehicle by the school’s assistant principal. On May 15, 2006, Egg Harbor Township High School officials were notified by the school nurse of a student whom she suspected to be under the influence of a controlled substance. Upon...

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Posted in: Misdemeanor / Felony Crimes

November 4, 2008

Harsher Penalties for Manufacturing a Controlled Substance than Simply Possessing the Same Quantity, Upheld By Pennsylvania Superior Court

Lancaster County Police were responding to a noise complaint when they found the defendant, Shawn Van Aulen, outside of his apartment with a bag of marijuana in his hand. The officers conducted a search of the defendant, finding a glass smoking device and a marijuana grinding device as well. Following the search, the officers requested, and were granted, permission to enter the apartment for the purpose of discussing the noise complaint with the remaining occupants. Upon entering the apartment, the officers found six or seven people in the living room. The officers were permitted to...

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Posted in: Drug Crimes