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Criminal Defense Litigation

2/22/2010
Frank T. Luciano, Esq.
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MARIJUANA/POT ATTORNEY IN BERGEN AND PASSAIC COUNTIES: STREET ENCOUNTERS


Many marijuana and other drug related offenses begin with a seemingly innocent street encounter between a defendant and law enforcement agents.

In this regard, it has been said that mere inquiries made by a police officer to a suspect who is already stopped, either on foot or in a vehicle does not require any constitutional justification (i.e. probable cause for an arrest or articulable suspicion for brief investigatory questioning) provided that the encounter is non-intrusive and fleeting in its terms.  In order for an encounter to be non-intrusive, the questioning must be in a conversational matter, without any demands, orders or harassment. If there is any indication of criminal suspicion associated with the encounter articulable suspicion will be required.



Frank T. Luciano, Esq., is a trial lawyer in Bergen County,  Passaic County, Hudson County and Morris County, with over thirty years of experience, who specializes in complex civil litigation, including  legal malpractice, construction claims, wrongful death actions, wills and estate contests and liquor law liability cases. 
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Frank T. Luciano, PC
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Lodi, NJ 07644
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