What to Know and What to do if Police Stop Your Vehicle this Memorial Day Weekend in New Jersey or Pennsylvania

Our law firm represents individuals charged with crimes in New Jersey and Pennsylvania. The Memorial Weekend is often one of the busies times for criminal defense law firms. Millions will travel between Pennsylvania and New Jersey this Memorial Day Weekend, and it is important to understand that these two States maintain very different laws when it comes to vehicle stops, the possession of an illegal guns and drugs, as well as mandatory minimum penalties for crimes related to these situations.

Warrantless Searches – New Jersey v. Pennsylvania

Pennsylvania requires that police obtain a search warrant to enter a vehicle without the driver’s consent whereas New Jersey permits warrantless searches if the office can establish probable cause that the vehicle contains contraband.

Probable cause is the reasonable belief that a crime is occurring or has occurred and that evidence related to that crime is in the area that the officer wants to search. There is an elevated expectation of primacy within homes and so most residential searches (which would include hotel rooms) require a warrant. Pennsylvania and New Jersey are very similar in these situations.

Guns & Firearms – New Jersey v. Pennsylvania

With regards to illegal guns and firearms, New Jersey maintains mandatory minimum sentencing for unlawful possession or possession of a firearm for an unlawful purpose. While illegal gun crimes are felony crimes in New Jersey and Pennsylvania, the Commonwealth does not maintain mandatory sentencing for most illegal gun charges.

Drugs and Narcotics – New Jersey v. Pennsylvania

Finally with regards to drugs and illegal narcotics Pennsylvania and New Jersey will grade these crimes and offenses based on the circumstances surrounding the drug. In other words, simple possession is based on quantity as well as evidence to indicate the user intended to sell or distribute the product. Possession can be graded as an indictable crime in New Jersey but also a disorderly person’s offense (non-felony). Pennsylvania grades simple possession as a misdemeanor offense and distribution as a felony charge. The degree of felonies in Pennsylvania and New Jersey are based on the quantity and the type of drug in question.

If you’re stopped– New Jersey v. Pennsylvania

If you are stopped this weekend or any weekend in Pennsylvania or New Jersey you should not give consent to search your vehicle or your person. You should not, however, refuse a chemical test if the office request that you take one for suspicion of DUI/DWI. While chemical refusal will result in an automatic license suspension in both States.  

Our criminal defense law firm wishes you and your family a safe Memorial Day Holiday Weekend!