Suspicious Person’s Stop Leads to Drug Paraphernalia, Possession of CDS Arrest

WEST WILDWOOD – Patrolman James Dodd conducted a suspicious person’s stop in the 500 block of West Magnolia Ave. by observing a male subject riding his bicycle without an audible device or a headlight Aug. 31 at 8:25 p.m.
Upon stopping the subject, identified as Herbert Tozer III of West Wildwood, Patrolman Dodd advised Tozer of the mentioned bicycle violations. While speaking with Tozer, he was very nervous and on several occasions, attempted to walk away from the scene. Patrolman Dodd requested to see Tozer’s driver’s license to confirm his identity. While Tozer was checking for identification in his pockets, a small, yellow plastic baggie fell to the ground from Tozer’s pants pocket. Contained in the baggie was a rock like substance which appeared to be crack cocaine. At this time, Tozer was advised he was under arrest and to place his hands behind his back. Patrolman Dodd grabbed Tozer’s wrist in an effort to place handcuffs on him and he immediately began to resist Patrolman Dodd’s efforts. A brief struggle ensued and Patrolman Dodd was able to place handcuffs on the subject.
A search incident to arrest revealed an additional large bag of suspected crack cocaine, $155, two larger zip lock bags containing suspected marijuana and a circular digital scale. Tozer was subsequently transported to West Wildwood Police Headquarters for processing. Judge Dorothy Incarvito-Garrabrant of the West Wildwood Municipal Court was contacted and set bail for Tozer at $70,000, full cash.
Tozer was charged with the following: possession of CDS with the intent to distribute within 500 feet of a park, a crime of the second degree, possession of schedule II CDS (crack cocaine), a crime of the third degree, possession with the intent to distribute schedule II CDS (crack cocaine), a crime of the third degree, possession of over 50 grams of marijuana, a crime of the fourth degree, possession with intent to distribute marijuana, a crime of the third degree, resisting arrest, a crime of the fourth degree, and possession of drug paraphernalia, a disorderly persons offense.
Tozer was unable to post the required bail and was transported to the Cape May County Correctional Facility.
The charges and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.