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Lakehurst Police 'Surprise' Alleged Marijuana Smokers

Police made arrests in back yard of a Pine Street residence

Two Ocean County men face drug charges after Lakehurst police "surprised" them by showing up in a back yard while they allegedly smoked marijuana Friday night.

The two men were found by police allegedly passing around a marijuana cigarette in the back yard of a Pine Street home that they were visiting "without the home owners' knowledge," said Sgt. Ronald Heinzman in a statement. Police originally were dispatched to the area of Pine and Center Streets at about 8:30 p.m. to investigate possible drug sales and use. 

As the two men, Dezmond N. Christensendabney, 18, of Manchester, and Antonio Thomas Jr., 18, of Toms River, allegedly were smoking the marijuana, "Officer Matthew Kline walked through a break in the fence from a dark wooded lot behind the home," Heinzman said.

"Both men, who were visibly surprised to see two uniformed police officers, were taken into custody and transported to the Lakehurst Police Department where they were processed and released on summonses pending a municipal court date," Heinzman said.

Three juvenile females were also present at the back yard table where the men were allegedly found smoking but did not take part, according to the sergeant. 

Christensendabney was charged with being under the influence of a controlled dangerous substance and Thomas was issued the same charge in addition to a marijuana possession charge, Heinzman said. 

Brad Z September 10, 2012 at 08:58 PM
I dont think the kids were in their own backyard, which would be a prob... otherwise police wouldn't have the right to enter. Still, weed needs to be legal!
Chu-Man-Fu September 10, 2012 at 09:15 PM
Unless this artice has been rewritten it clearly states that the individuals were visiting "without the homeowners knowledge" - and I believe the PD was well within their authority entering the property since they were dispatched to the area to investigate possible drug transactions .. IMHO
EW September 10, 2012 at 09:45 PM
Arrested, taken to the station, & charged for smoking a joint? No other crimes committed? Cops really need to find something better to do w/their time, like fighting ACTUAL crimes. Whatever happened to "stomp it out & get the hell out of here"? You can go to war & get blown to pieces in a foreign country, but god help you if you smoke a joint! No wonder this country is so bass-ackwards & f'd up…….
barbara September 10, 2012 at 10:23 PM
seriously, thnking about it they were doning no harm. just like havine a beer or cocktail..athough, not on therir property. they not crminals.
Joe September 11, 2012 at 12:04 AM
For all you want to be law students, and others who don't know the law, BUT THINK THEY DO, the police are absolutely permitted on your property for the investigation, however not in your home!! That search warrant comment is just ridiculous and I think I lost brain cells reading it. Good job officers!!
Bill Richardson September 11, 2012 at 01:51 AM
The police got a call to investigate. Its not like they had a crystal ball and went fishing for a pot party. If these people wanted to smoke pot they should of done it on their own property or inside there own home in Toms River or Manchester. I beleive what we dont see or hear sometimes doesnt hurt us, but bring it outside, shame on you. Good work Officers.
YellowBird September 11, 2012 at 05:50 AM
@Joe ,,,they ABSOLUTELY are NOT. You might want to read the U.S. Constitution. FYI, we no longer have ANY RIGHTS. The thugs w/the badges & Robes are making SURE of that , by making up their OWN LAWS as it suits THEM !! Check out what happened to this poor guy !! http://www.huffingtonpost.com/2012/08/06/adam-ademo-mueller-journa_n_1748057.html
Chu-Man-Fu September 11, 2012 at 09:20 AM
Seriously Barbara? Isn't trespassing against the law? Roll another one just like the other one. Maybe your spelling will improve ....
Scott Neuman September 11, 2012 at 12:53 PM
Want your rights? Want a Congressman that will listen when you call or write? Vote for Len Marshall in the fourth or Fred LaVergne in the 3rd district.
WhitingBoy September 11, 2012 at 01:19 PM
I would love to see all of you libertarians react calmly and just let it go if you came home with your family to find strangers smoking marijuana in your backyard. The police were following up on reports of drug activity, investigated and found it…drug dealing in any neighborhood left unchecked will absolutely cause an increase in violence and absolutely drive down property values. Don’t let your desire to smoke a joint cloud common sense.
barbara September 11, 2012 at 02:19 PM
chu man, there are 2 barbaras on here. i was the first comment. i do not smoke pot and i agree with you, they were doing no harm but must have been a reason the police went there. just want to make it clear, i can spell.
BLUEBIRD September 11, 2012 at 04:11 PM
@Yellowbird,,,,,, Joe is ABSOLUTELY RIGHT!! Those are big words about reading the constitution when you clearly do not know what you are talking about. They were justified to be in that back yard for the investigative purposes!! Police can not enter your home, but property is fair game!! You should read the constitution and case laws!! Last time I checked, smoking pot was illegal and the Police were just doing their JOBS!! Those of you out there that have jobs probably do what ever it is your job requires!! Right or Wrong?? Don' bash the police for doing what they are suppose too!! Good job Lakehurst Police!!
Chu-Man-Fu September 11, 2012 at 06:56 PM
To the barbara #1 - I never said they were doing no harm - if you read where my comment was posted it was in response to the second barbara - They were trespassing ! In any event - i have cut and pasted the comment I responded to : Here you go : As posted by Barbara # 2 - "seriously, thnking about it they were doning no harm. just like havine a beer or cocktail..athough, not on therir property. they not crminals" - Read it closely I never responded to your comment Barbara # 1 - Lose the overly sensitive attitude ..... And I am glad they got busted - Good Job LPD ! Two more morons off the street albeit temporarily .... Sorry - Barbara # 1 but you may be able to spell but you can't seem to distinguish or decipher the order of, and where replys are directed - either that or your alter ego posted the second comment to which my reply you have taken offense and also misread !
Chu-Man-Fu September 11, 2012 at 07:35 PM
@bluebird, joe, and whiting boy - for what it's worth you have my support! The LPD got a tip and acted accordingly and within the scope of their duties .... While I may not agree with all of the laws on the books we are required to obey the law or suffer the consequnces - that's pretty much the story - they fought the law and the law won !
YellowBird September 11, 2012 at 09:01 PM
Joe & Blue, ,,You MAY be correct to some extent. MY BAD. In my area , it generally is considered CRIMINAL TRESPASS. Police or Not , Unless you invite them on.... It appears to vary from State to State. Where I am from , it is very cut & dried. Not much room for any "gray " area. Below is what I found pertaining to the SUPREME courts opinions & Decisions .Read on: It is undisputed that Owens and Thistle, each owned the land into which the police intruded. That fact alone provides considerable support for their assertion of legitimate privacy interests of thier private property, icluding their woods and fields. But even more telling is the nature of the sanctions that Owens and Thistle could invoke, under local law, violation of their property rights. In Kentucky, a knowing entry upon fenced or otherwise enclosed land, or upon unenclosed land conspicuously posted with signs excluding the public, constitutes criminal trespass. The law in Maine is similar. An intrusion into any place from [p191] which [the intruder] may lawfully be excluded and which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders(including Government forces) or which is fenced or otherwise enclosed (Continued : next post)
YellowBird September 11, 2012 at 09:04 PM
Privately owned woods and fields that are not exposed to public view regularly are employed in a variety of ways that society acknowledges deserve privacy. Many landowners like to take solitary walks on their property, confident that they will not be confronted in their rambles by strangers or policemen. Others conduct agricultural businesses on their property. [n14] Some landowners use their secluded spaces to meet lovers, others to gather together with fellow worshippers, still others to engage in sustained creative endeavor. Private land is sometimes used as a refuge for wildlife, where flora and fauna are protected from human intervention of any kind. [n15] Our respect for the freedom of landowners to use [p193] their posted "open fields" in ways such as these partially explains the seriousness with which the positive law regards deliberate invasions of such spaces, see supra at 190-191, and substantially reinforces the landowners' contention that their expectations of privacy are "reasonable." Certain spaces are so presumptively private that signals of this sort are unnecessary; a homeowner need not post.that the searches of their land violated the Fourth Amendment, and the evidence obtained in the course of those searches should have been suppressed.
YellowBird September 11, 2012 at 09:05 PM
The privacy interests protected by the Fourth Amendment are not limited to expectations that physical areas will remain free from public and government The likelihood that the police will err in making such judgments is suggested by the difficulty experienced by courts when trying to define the curtilage of dwellings. See, e.g., United States v. Berrong, 712 F.2d 1370, 1374, and n. 7 (CA11 1983), cert. pending, No. 83-988, United States v. Van Dyke, 643 F.2d 992, 993-994 (CA4 1981). However, The Fourth Amendment, properly construed, embodies and gives effect to our collective sense of the degree to which men and women, in civilized society, are entitled "to be let alone" by their governments. Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting); cf. Smith v. Maryland, 442 U.S. at 750 (MARSHALL, J., dissenting). The Court's opinion bespeaks and will help to promote an impoverished vision of that fundamental right
YellowBird September 11, 2012 at 09:06 PM
Perhaps the most serious danger in the decision today is that, if the police are permitted routinely to engage in such behavior, it will gradually become less offensive to us all. As Justice Brandeis once observed: Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law. . . .intrusion. .
Al September 12, 2012 at 12:44 AM
How about one of the young men has had a previous arrest involving marijuana?
YellowBird September 12, 2012 at 08:16 AM
My other replies are still sitting in the que "pending approval". & One other got removed? Not sure why , it was not inappropiate or crude in anyway. But again I believe that the issue of Police & Private Property varies from state to state, Some places, it would/can be construed as Criminal Trespass , police or not. As far as the kid smoking weed. I personally don't use it, but know many who do. I do not consider them criminal for it. But we ALL know that subject is a hotbed of controversy as well........Gotta pick our battles :)
Jersey Teapot-Party September 12, 2012 at 01:23 PM
Laws that are unjust should be nullified and responsible citizens should speak out against them not support them. The patriots fought that right, the 10th amendment was enacted to ensure we the people had the right to nullify unjust laws. Juries can find these kids NOT guilty. I won't even start with how our property rights have been eroded over the last 200 years as that is obvious. Of course the property owners said they had no knowledge, if they admitted they knew the cops could charge them. It was probably a drunk or prescription drugged up neighbor that called in and reported drug dealing when they saw peace loving pot smokers in the neighbors backyard and hence they reported the demonized "drug dealing". Bet there was underage drinking going on at this party too but nobody went to jail for that did they. That's accepted more in our society even though it kills several kids a year. The most basic human right we have is what we put into our own bodies, and the government has taken that away. When 20oz soda's are against the law are all you soda and law lovers going to still say "I may not agree with all of the laws on the books we are required to obey the law or suffer the consequences"? Why do we have such hatred in this country for peaceful people?
franklin grizwald September 12, 2012 at 03:51 PM
Just sayin ...could happen
franklin grizwald September 12, 2012 at 03:56 PM
drug laws r a joke the garbage that dr.'s give out everyday is far worse than some weed not to mention a dispensery is being built rite in town were im from .......so long as some dr prescribes it ...well then its alllll good ....thats some hypocritical bs
YellowBird September 12, 2012 at 04:59 PM
@Jersey Teapot , you couldn't be MORE RIGHT !! Our country is in the most horrible condition EVER. I think mainly because most Americans now are too lazy or just unwilling to stand up & fight for what is right. check out the documentary being made right now. it's called lawless america.
Vern Spoon September 12, 2012 at 10:23 PM
Make love not war......
bayboat September 14, 2012 at 09:59 AM
Cops can't just walk in for no reason... but on a CALL for drug dealing...you bet they can. The two idiots should have stayed HOME and smoked in their OWN backyard. Is be PISSED if I found two kids in my backyard smoking. It would mess up my evening toke!
Jersey Teapot-Party September 15, 2012 at 12:03 AM
they can't on a rape, murder, assault, and other violent suspects, but to catch peace loving pot smokers, they can, they will and they won't spare any expense. we must get those pot smoking demons off the street, if we want peace.
FRANK WEISNECK September 19, 2012 at 01:27 PM
don't the police have better things to look for so what they were smoking pot big dam deal.They were not hurting anybody and it is not a dangerouse drug.In some states it is legal. And in other states were it is legal is is used as a medical substance and you can grow it in your yard..Make it legal New Jersey.Get with the program already..FRANK
jackie December 22, 2012 at 06:53 PM
First of all it says the y were theyr without the homeowners knowledge so I guess it was one of the girls that lived there and she invited some friends over and when the cops ccame the owners were probably saying I didn't know these two boys were in our yard . If that wasn't the case they would have also been charged with trespassing .... Yea and ur right if they were drinking it woukd be alright ...leave people alone ...they were doing what teenagers do . U should leave the punishments up tobthe PARENTS!!
jackie December 22, 2012 at 06:59 PM
Cops can walk in your property line if they see or believe there's criminal activities being persued.... I don't agree but they can .. now these boys r gonna have a record before theyr even old enough to even understand the law ....go easy on them ... Like I said they were most likely invited to the house by one of the girls who lived there or knew the homeowners ..they didn't trespass or they would've been charged ....cuz the homeowner said we didn't know they were here ..not we didn't allow them to be on our property....

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