I have been representing a client charged in Morris County Superior Court with Engandering the Welfare of a Child (possessing child pornography) under NJSA 2C: 24-4, a second degree charge. He is also charged with Possession of CDS under 2C:35-10, a third-degree charge. He was also charged with False Public Alarm, under NJSA 2C:33-3.
This client(who has a prior conviction for possession of child pornography) started the day by taking methamphetamine (breakfast of champions!) and was later seen by neighbors walking down the street carrying two kitchen knives and smashing his next-door neighbor's front door. When her returned to his home, he called the police and reported that a hostage situation was taking place next door. The SWAT team responded, only to learn that...there was no hostage situation. They entered my client's home and found him alone.
Know full well of his history of mental illness, instead of taking him to the jail, they took him to the psych ward of a local hospital, where, for the next four hours, he had a conversation with an imaginary third party. At one point, he said "I wish there was technology to change older women into younger women", along with such gems as "our world should be like Star Trek", and "I would be like Godzilla, with the powers to crush heaven and hell."
The police took the statement about the shape-shifting technology and applied for a search warrant for my client's home, saying my client probably had more child pornography and drugs. The warrant was granted, the police searched his home and found a computer which held 9,000 images of alleged child pornography. But the ends cannot justify the means in our system of criminal justice.
I filed a Motion to Suppress Evidence, saying there was NO probable cause to suspect my client of having pornography based upon his clearly delusional statements which made no mention of pornography at all !! The Superior Court denied the motions and we are currently appealing. To be continued...