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A judge has issued an order to suppress evidence obtained during a vehicle stop in Byram. It all started back in May when Sgt. Daniel DeWald reportedly stopped David Moreira for speeding and improperly passing other cars.
During the vehicle stop he allegedly smelled marijuana coming from the car, prompting him to conduct a search of the car, both the interior and trunk. The North Bergen resident allegedly had an e-cigarette with marijuana in his possession and the officer found a loaded .380 caliber pistol with hollow-point bullets and several bags of marijuana inside a case of luggage in the trunk.
Moreira was indicted on weapons and drug charges in July but his attorney argued that the vehicle search was conducted without Moreira's consent or a warrant, making it "unconstitutional."
If the judge's order stands, Moreira will only face up to a year in jail for the e-cigarette containing marijuana. if the appellate court overturns his ruling, Moreira could face up to 16 years in prison.
Read the NJHerald.com story here.