N.J. Dentist's Home Contained Weapons, Cash, and Marijuana

March 19, 2009
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Police found weapons, cash, and drugs in the Asbury Park home of a local dentist.  Dr. Raymond Pacholec had more than 40 marijuana plants, two pounds of cultivated marijuana, $10,000 cash, handguns and rifles located in his home.  He choose to protect these items with a burglar alarm.  Unfortunately for him, the alarm was somehow tripped and no one was home to answer the phone calls.  Thus, local police went to the residence to check for signs of a break-in.  While there the police detected a strong odor of marijuana, they searched the premises to discover the other contraband.

New Jersey Criminal Lawyer Blog's Take: One might be asking how the police were able to get into house with no one home.  The answer is probable cause.  The police were able to obtain probable cause that illegal activity might be found within the home when they detected the strong odor of marijuana.  Dr. Pacolec's defense attorney will surely make a motion to have the search invalidated, but it will be a tough motion to prevail.  It is true that the 4th Amendment protects us from unlawful search and seizures, but there are many exceptions.  If a person can smell marijuana, or even look into a window and see contraband, either event gives rise to probable cause.

 

Dentist charged with marijuana in home (March 17, 2009 - Asbury Park Press)