Niesha Morbley’s Freehold NJ arrest began not with a high-speed chase, but with a simple request for an incident report after a fall. What started as a mother’s late-night run for school snacks ended in handcuffs when officers allegedly smelled marijuana and discovered a child in the vehicle. This case has sparked intense debate online after bodycam footage captured the emotional moment Morbley realized she was being charged with endangering the welfare of her own daughter.
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Watch: Niesha Morbley Freehold NJ Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:16:06 where the situation escalates as the officer orders Morbley to put her hands behind her back.
Full Story: How the Incident Unfolded
On the night of September 4, 2024, Niesha Morbley drove to the Acme parking lot in Freehold, NJ, to grab snacks for her daughter’s first day of school. According to the transcript, Morbley fell on a curb outside the store and requested an incident report from the staff.
When Officer Nunno arrived at 10:47 PM, he approached Morbley, who was back in her vehicle. The officer immediately noted a “little bit of odor of marijuana” coming from the car. Morbley denied smoking recently, claiming she had only a single shot of “1800” earlier in the day.
The situation grew tense as Morbley was asked to perform field sobriety tests on a white line in the parking lot. She struggled with the “one-leg stand” and “walk and turn” exercises, citing a past weight-loss surgery that affected her balance.
The most emotional turn occurred when the officer informed Morbley she was being arrested for DUI while her eight-year-old daughter was present. Morbley pleaded with the officers, stating, “I’m not endangering no child,” as she worried about her daughter seeing her in handcuffs right before the first day of third grade.
The Arrest: Charges Against Niesha R. Morbley
Morbley was processed at the Freehold Township Police Department under booking number 24BK08006.
| Charge | Simple Explanation | Potential Penalty (US) |
| 39:4-50 | Driving Under the Influence (DUI) of Alcohol or Drugs. | License loss, heavy fines, and possible jail time. |
| 2C:24-4A(2) | Endangering the Welfare of a Child (Child Neglect). | Significant prison time and permanent criminal record. |
| 39:4-50.4a | Refusal to Submit to Breath Samples. | Mandatory license suspension and installation of an interlock device. |
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Legal Analysis: Was the Niesha Morbley Freehold NJ Arrest Justified?
Fourth Amendment Check: The initial contact was justified as a “welfare check” or response to a requested incident report regarding Morbley’s fall. However, the smell of marijuana provided the “reasonable suspicion” needed to escalate the stop into a DUI investigation.
Police Protocol: Officers followed standard procedure by offering a 20-minute observation period before the breathalyzer test. While Morbley claimed she attempted to blow into the machine, the officer recorded it as a “refusal” because she allegedly failed to follow instructions correctly to produce a valid sample.
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Frequently Asked Questions (FAQs)
What is “John’s Law” and how does it affect vehicle release after a DUI arrest?
Under New Jersey’s “John’s Law,” when an individual is arrested for driving while intoxicated, the police are required to impound the vehicle for a minimum of 12 hours. This mandatory impoundment period is designed to prevent the arrested individual from immediately getting back behind the wheel while still potentially under the influence. To retrieve the vehicle after this period, the owner must provide valid proof of license, registration, and insurance.
Can a person be charged with child endangerment if a child is present during a DUI stop?
Yes, in the state of New Jersey, being under the influence while operating a motor vehicle with a minor passenger can lead to a charge of Endangering the Welfare of a Child. Even if no accident occurs, the legal system views driving while intoxicated with a child in the car as a form of abuse or neglect because it places the child in immediate danger.
What happens if a suspect is unable to complete Field Sobriety Tests due to medical reasons?
During a roadside investigation, suspects often cite physical limitations, such as past surgeries or balance issues, as reasons for struggling with tests like the “one-leg stand”. While officers may document these concerns, they often continue with the evaluation or seek alternative testing, such as breath or blood samples, to determine impairment. Physical ailments do not automatically disqualify the results of a DUI investigation.
How is a “Refusal” charge determined if a suspect attempts the breathalyzer test?
A “Refusal” charge (Statute 39:4-50.4a) can be issued even if a suspect agrees to take the test but fails to follow specific instructions. For example, if the suspect does not provide a sufficient volume of air or blows improperly into the device, the officer can legally record the action as a refusal to submit to the breath test. This charge carries its own set of severe penalties, including license suspension.
What is the role of a Drug Recognition Expert (DRE) in a traffic stop?
A Drug Recognition Expert is an officer specially trained to identify impairment from substances other than alcohol. If a suspect’s breathalyzer results are below the legal limit of .08% but they still appear impaired, a DRE may conduct a more clinical evaluation. This process often includes checking eye movement, vital signs, and requesting a urine or blood sample to confirm the presence of narcotics or marijuana.
Conclusion & Current Status
Following her arrest, Niesha Morbley was released into the custody of her boyfriend after he signed a liability waiver. Her vehicle was towed for a minimum of 12 hours under “John’s Law,” a New Jersey statute designed to keep intoxicated drivers off the road.
Morbley was issued a court date for September 17 at 1:00 PM. She continues to maintain that she was not intoxicated and was simply a mother who suffered an unfortunate fall while preparing for her child’s school year.
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Disclaimer: All suspects are presumed innocent until proven guilty in a court of law. This report is based on official police records.
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