Traveling from Point to Point Not Drug Loitering – State v. Mahon (UNP)

The UNPUBLISHED Appellate Division decision in State v. Mahon involves an interpretation of NJSA 2C:33-2.1, Loitering for the Purpose of Obtaining or Distributing CDS. Generally, the statute requires proof of five distinct elements:

1. The Defendant was in a public place;

2. the Defendant wandered, remained or prowled in that public place;

3. the Defendant had a purpose to obtain CDS;

4. obtaining the CDS was unlawful (i.e. without a prescription); and

5. the Defendant engaged in conduct that manifested an intention to obtain CDS.

In Mahon, the Appellate Division reviewed the evidence presented in the municipal court and found that it lacked proof on the element that the Defendant wandered, remained or prowled. Rather the proofs reveal that she merely had traveled from point to point. Accordingly, the Appellate Division reversed her municipal court conviction.

Download a copy of State v. Mahon, an UNPUBLISHED decision

Category: Muni-Mail Archive