Skip to comments.N.J. Supreme Court: Leaning on a porch is not grounds for arrest
Posted on 01/07/2014 7:19:04 PM PST by SMGFanEdited on 01/07/2014 7:23:02 PM PST by Admin Moderator. [history]
TRENTON In a ruling that strengthens "the right to walk freely on the streets of a city," the New Jersey Supreme Court said today that police were wrong to arrest a man for leaning on a private porch in a high-crime area.
Police later discovered 13 bags of crack cocaine on David M. Gibson, but the search that uncovered those drugs and Gibson's arrest were both unconstitutional, the high court ruled in a 6-0 decision citing privacy rights in the state and federal constitutions.
If you let the commoners start leaning on porches, the next thing you know, they’re going to start wanting to keep and bear arms. You’ve got to draw the line somewhere.
Porches OK, but porch railings, flag poles, clothes line poles, bad mitten net poles, etc. are prohibited.
he was a dealer with 13 bags of cocaine wandering around at 3am. It was an illegal search so he beat the rap. He should have been sent to prison
While our resident cop-haters will hail this defeat of the boyz in blue, it will only lead to higher drug crime ‘cause those cops are going to stop arresting thugs based on their suspect behavior. That would be profiling, after all.
Arresting lawfully is important. I just got arrested holding up a banner on a median where the light rail operates. METRO cop turned into an orc...Conservatives are out there on the ground and there are some probs with cops and First Amendment....
Yes they need to ask him what is he doing out at 3 am? And when he runs then you have to chase him! That is the problem, they don’t want to chase them anymore. Their hands are full with donuts and coffee! Well their gut is a little big to! lol
Just think...If the scumbag had been carrying a baby or walking a dog or been in a wheel chair, they’d have filled him full of lead...After 15-minutes of tasering...
The drug dealer can go lean on his own porch.
Illegal search. He shouldn’t have been sent to prison. What is it about violations of the Constitution you don’t understand?
when he’s acquitted in the new trial, the cops should send him a formal notice to come on down and pick up his drugs.
One person’s suspected behavior is another person’s hanging out.