New Jersey Section 2C:36-7 – Seizure in violation of Chapter

New Jersey’s Drug Paraphernalia Seizure Law – What You Need to Know

New Jersey’s drug paraphernalia laws can be complex and confusing. This article breaks down the key points of N.J. Stat. Section 2C:36-7, which covers the seizure of drug paraphernalia in violation of New Jersey’s drug paraphernalia chapter.

As a New Jersey criminal defense lawyer, I know how stressful and overwhelming it can be to face drug charges. My goal with this article is to explain Section 2C:36-7 in simple terms, so you understand your rights and options if your drug paraphernalia is seized.

Overview of New Jersey’s Drug Paraphernalia Laws

New Jersey’s drug paraphernalia laws are contained in N.J. Stat. Title 2C, Chapter 36. This chapter defines drug paraphernalia[1], criminalizes the use and distribution of drug paraphernalia[2], and outlines penalties for violations[3].

Some key points about New Jersey’s drug paraphernalia laws:

• Many everyday items like pipes, bongs, and vials can be considered drug paraphernalia under the law. It depends on how the item is used[4].
• Possessing drug paraphernalia for personal use is a disorderly persons offense. Distributing paraphernalia is a 4th degree crime[5].
• Police can seize items they suspect are drug paraphernalia during arrests, searches, and investigations.
• There are defenses available – for example, if you possessed an item for legitimate purposes and not for illegal drug use.

Now let’s look specifically at the seizure provision in N.J. Stat. 2C:36-7.

What Does Section 2C:36-7 Cover?

Section 2C:36-7 is just one sentence:

“Any drug paraphernalia, hypodermic syringe or needle seized in violation of this chapter shall be subject to the forfeiture provisions of Chapter 64 of this code.”

In plain English, this means:

• If police seize any drug paraphernalia, hypodermic needle, or syringe illegally…
• That item can be taken away permanently (forfeited) by the state…
• Under New Jersey’s civil forfeiture laws in Chapter 64.

The key words here are “seized in violation of this chapter.”

When Would Seizure Violate Chapter 36?

There are a few situations where seizing drug paraphernalia could violate Chapter 36 and trigger Section 2C:36-7:

• No probable cause: Police need probable cause to believe an item is drug paraphernalia before seizing it. If probable cause is lacking, the seizure may be illegal.
• Invalid search warrant: Even with a search warrant, if there are flaws in the warrant or how it was executed, seizing items could be improper.
• Unlawful traffic stop or detention: If you’re stopped without reasonable suspicion or detained after a traffic stop longer than needed, any drug paraphernalia found may be inadmissible.
• Miranda or consent issues: Failure to give Miranda warnings or get valid consent to search could make a seizure improper.
• Other procedural problems: Technical errors like improper chain of custody for evidence could also make seizure invalid.

If police violate your rights or fail to follow proper procedures under Chapter 36, Section 2C:36-7 says any paraphernalia seized may be subject to forfeiture.

What is Forfeiture Under Chapter 64?

Chapter 64 of Title 2C contains New Jersey’s civil forfeiture laws. It allows the state to take ownership of property connected to criminal activity through a civil court process.

With drug paraphernalia, the state can ask a court to forfeit the seized items under N.J. Stat. 2C:64-1. The standard of proof is lower than in criminal court – only “preponderance of the evidence” rather than “beyond a reasonable doubt.”

You can challenge the forfeiture by arguing your Fourth Amendment rights were violated or you had no knowledge the items would be used criminally. But the burden is on you to prove your innocence.

How Can a Defense Lawyer Help if Paraphernalia is Seized?

If your drug paraphernalia is seized, don’t panic. Here are some ways an experienced criminal defense lawyer can help:

• Review if there were any Fourth Amendment or procedural violations that make the seizure improper under Chapter 36.
• Advise you of possible defenses – for example, if items were for legitimate use.
• Negotiate return of paraphernalia without forfeiture through informal meetings with police and prosecutors.
• Represent you at forfeiture hearings and argue against permanent loss of property.
• File motions to suppress evidence and statements obtained improperly.
• Develop an overall defense strategy for both paraphernalia charges and forfeiture proceedings.

The bottom line – an attorney familiar with New Jersey’s forfeiture laws can protect your rights and fight seizure of your property. Don’t hesitate to call an experienced criminal defense lawyer if you face this situation.

What Should You Do if Paraphernalia is Seized?

Here are some tips if your drug paraphernalia is seized by New Jersey police:

• Remain silent and politely decline to answer questions. Don’t admit anything about owning or using the items.
• Don’t sign any consent forms without consulting a lawyer first.
• Write down all details you remember about the seizure, officers involved, and what was taken.
• Call an attorney as soon as possible to discuss your rights and defense options.
• Follow your lawyer’s advice about responding to forfeiture proceedings and whether to request a hearing.
• Be proactive in working with your attorney to build the strongest case possible against forfeiture.

With an experienced criminal defense lawyer on your side, you can overcome drug paraphernalia charges and fight back against improper seizure of your property. Don’t go through it alone.

Conclusion

I hope this overview has helped explain New Jersey’s law on seizure of drug paraphernalia under N.J. Stat. 2C:36-7. While these cases can be complex, an experienced attorney can guide you through the process and protect your rights at every stage.

If you are facing drug paraphernalia charges or forfeiture proceedings, please reach out for a free consultation. I am here to help provide the strong defense you deserve.