The strong smell of marijuana and anonymous reports of shots fired and unlawful firearms provided insufficient circumstances for a police officer to vault a fence and make an arrest without first obtaining a warrant, a New Jersey appeals court has ruled.
A two-judge Appellate Division panel Feb. 25 overturned a Trenton, New Jersey, man’s guilty plea to marijuana possession and the accompanying 541-day jail sentence, finding that a police officer’s decision to leap over a fence and conduct a search violated defendant Peter Samuell’s and other defendants’ constitutional rights against unlawful searches and seizures.
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