According to law enforcement authorities with the Stafford Police Department, two people were detained on allegations of drug possession on March 26. The two were taken into custody just before midnight.
Those charged include a 21-year-old woman and a 23-year-old man, both Manahawkin residents. Reportedly, police found that the pair possessed heroin, cocaine, Xanax and drug paraphernalia. The woman is now facing charges of possession of heroin and possession of drug paraphernalia while the man is facing two counts of possessing dangerous controlled substances and a count of possessing drug paraphernalia.
After they were taken into custody, the police took them in for processing. Both were then released pending an April 10 appearance in Stafford Township Municipal Court. The available report did not indicate what led them to the couple or whether they had obtained a search warrant to search them.
People who are facing illegal drugs allegations may have a number of defenses available to them. Police officers need reasonable suspicion that people they stop or are searching have committed or are in the process of committing a crime. In the event that a person is stopped or searched when the officer did not have reasonable suspicion, the person may then be able to challenge both investigation under constitutional law.
A criminal defense attorney might help their clients by reviewing the facts of their cases. They may then identify constitutional deficiencies in how the evidence was collected and then file evidentiary motions to seek suppression. If a suppression motion is granted, the prosecution may be unable to use the challenged evidence. In this way, the prosecutor may be prevented from even discussing discovered drugs and might be forced to dismiss the case.