Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

The Difference Between Jail and Prison

Jail and prison are two separate entities that are often mixed up. The difference between jail and prison is mostly the length of stay for inmates. Jail is more for a short-term sentence, while prison is for those with a long-term sentence. When thinking about it, though, prison seems like the more intense of the two, does it…Continue Reading

What You Need to Know About Recorded Phone Calls in Jail

What You Need to Know About Recorded Phone Calls in Jail

Being in jail means a lot of your rights are seemingly stripped from you, but there are still a lot of rights you have that, if broken by jail workers, could work out really well in your favor. One of these rights is the use of the phone, and what can and can’t be recorded…Continue Reading

Learn More About Early Termination of Probation

Learn More About Early Termination of Probation

  Early probation is something many people facing jail time seek. Some believe that it can be tough to get early probation, but if done right, it may not be as difficult as you might think. Specific to New Jersey law, there are a few different ways you might be able to get early probation if…Continue Reading

Atlantic City Criminal Defense Attorney Fights to Protect Your Rights after a Vehicle Search in New Jersey


It is not uncommon for a routine traffic stop in Atlantic City, New Jersey, to turn into a full-fledged vehicle search for drugs, weapons or other evidence of criminal activity. Sometimes, an eager cop suspects something and decides to act on it by searching your vehicle without a warrant. There are times when a vehicle search without a warrant is lawful; other times, if your vehicle gets searched without a warrant and you are subsequently charged with a crime, you may have a built-in defense strategy.

At the Law Offices of John W. Tumelty, we have over 30 years of experience in criminal law in New Jersey. Our extensive criminal law background has given us the knowledge and experience to successfully defend clients in cases involving unlawful vehicle searches in Lakewood, Middletown, Little Egg Harbor and throughout NJ. We are well-versed in New Jersey Search and Seizure laws, which protect an individual’s right to privacy. If there is any question as to the proper following of protocol during the vehicle search, we will push for a Motion to Suppress evidence. Fighting to prove that a vehicle search was invalid is a highly complex process and it requires the help of an experienced criminal defense attorney.

Criminal Defense Lawyer Protects Your Rights When You are the Victim of Unlawful Search of a Vehicle in Little Egg Harbor, Lakewood and Middletown

In order to lawfully search a motor vehicle without a warrant in New Jersey, certain requirements must first be met. During a valid traffic stop, if both of the two requirements below are present, law enforcement may proceed with a warrantless search.

  • There is Probable Cause that the vehicle contains evidence of a crime (such as drugs or a weapon.)   
  • There is an Exigent Circumstance which will make it difficult, or impossible, for the police to protect the evidence if they are forced to get a search warrant.

This situation is common when there is a  risk of evidence being destroyed or lost before the search warrant is obtained.

If both requirements have been met, law enforcement may start the vehicle search. However, there’s often debate over whether the police officer did meet the requirements to legally search a car without a warrant. In these cases, Mr. Tumelty can challenge the search and the seizure of any property.

In New Jersey, courts must consider multiple factors when deciding if the warrantless search of a vehicle was lawful. Even if there was probable cause and exigent circumstances, other factors may be called into question. Some of these factors are below:

  • Location of the stop
  • Time of day
  • Nature of the neighborhood
  • Unfolding of events establishing probable cause
  • Ratio of officers to suspects

As you can see, there are a lot of questions surrounding what makes a warrantless vehicle search lawful, and this isn’t the entire list. Mr. Tumelty has represented countless people in Atlantic and Cape May counties and fought unlawful vehicle searches. We will explain your rights and will work tirelessly to get your charges dismissed or downgraded.

Contact the Law Offices of John W. Tumelty Today for a Free Consultation about Your Vehicle Search & Seizure

The legal team at the Law Offices of John W. Tumelty has experience in even the most difficult vehicle search cases. Our experience, understanding and knowledge have allowed us to successfully defend clients in all types of criminal cases for over 30 years. If you or someone you know is facing any type of drug charges or weapons offense, contact Mr. Tumelty today for a free consultation. He has three offices to serve you in Atlantic City, Somers Point or Marmora. Call him at 609-345-3300 or fill out this confidential form and our legal team will contact you shortly.

 

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Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.