State v. Witt, N.J.S.A. 2C:43-2.4 and Guns

Under N.J.S.A. 2C:43-2.4, police may impound your vehicle in the event that a weapon contained therein is possessed for an unlawful purpose (N.J.S.A. 2C:39-4); an individual is in unlawful possession of a weapon therein (N.J.S.A. 2C:39-5); a motor vehicle with an occupant unlawfully possessing a weapon is used in another crime; the motor vehicle is used to further prostitution (N.J.S.A. 2C:34-1); and either controlled dangerous substances (CDS) are contained within the vehicle (N.J.S.A. 2C:35-10) or the vehicle is being used for drug trafficking (N.J.S.A. 2C:35-5). If you are stopped for a simple traffic violation and the police find cause within the newly prescribed limits of State v. William Witt, 219 N.J. 624 (2014), wherein the New Jersey Court overturned its prior ruling in Pena-Flores, 198 N.J. 6 (2009), relaxing the requirements for police to obtain a warrant to search your vehicle, you may find yourself facing weapons charges and without the reasonable transportation you need to obtain suitable defense counsel. Second-degree unlawful possession of a firearm or handgun carries up to 10 years in prison with a mandatory parole ineligibility period under the Graves Act (N.J.S.A. 2C:43-6(c)). If you find yourself facing weapons charges or the impoundment of your vehicle as a result of a warrantless search or search with inadequate probable cause, you should immediately seek the assistance of a seasoned criminal defense attorney to protect your rights. For more information about possession of a controlled dangerous substance, CDS in a motor vehicle (N.J.S.A. 39:4-49.1), distribution of CDS, weapons possession, use or possession of a gun in the commission of a crime, possession of a handgun without a permit, weapons possession while on probation or parole, illegal weapons or other weapons related charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Handgun Located By Casino Valet Not Suppressed

Phillip King was charged with second-degree unlawful possession of a handgun (N.J.S.A. 2C:39-5(b)). King left his car with a casino valet at Trump Plaza and, upon entering the vehicle the valet noticed the center console to be partially open. The valet then attempted to close the console and could not. Upon opening the console to attempt to move the obstruction, the valet saw the obstruction was the butt of a handgun. The valet returned the console lid to its partially opened position and notified local police. Upon arrival, the police found the vehicle’s center console cover to be in the partially opened position and, without first obtaining a search warrant, opened the console to look inside and removed the handgun from the center console. The vehicle had Pennsylvania license plates, King had a valid Pennsylvania driver’s license and a valid Pennsylvania gun carry permit and claimed he was unaware that he could not legally transport the firearm in his vehicle in New Jersey. King sought to suppress the handgun over the State’s argument that warrantless search was valid under the community caretaking exception, the automobile exception and the third-party exception. The court held that the State had ample time to secure a warrant as the vehicle was parked in the casino’s garage and officers present at the scene could insure the vehicle was not moved. The court further held that the officer’s search exceeded the scope of the valet’s private search and therefore the third-party exception to the warrant requirement was invalidated. The State appealed with regard to the third-party intervention exception to the warrant only. The exemption assumes that a private party discovered the item or information and turned it over to police and therefore there was no violation of the defendant’s Fourth Amendment rights. Burdeau v. McDowell, 256 U.S. 465, 41 S. Ct. 574, 65 L. Ed. 1048 (1921). The court considered State v. King to be very similar to United States v. Jacobsen, 466 U.S. 109, 104 S. Ct. 1652, 80 L. Ed.2d 85 (1984) wherein a private party initially searched and notified authorities of the discovery then police went further in their search than the private party had. In Jacobsen the Supreme Court held that the defendant had no reasonable expectation of privacy in the cocaine discovered by the mail carrier. The court also reviewed State v. Marshall, 123 N.J. 1 (1991), State v. Minitee, 210 N.J. 307 (2012), State v. Saez, 268 N.J. Super. 250 (Ap. Div. 1993) and State v. Wright, 431 N.J. Super. 558 (App. Div. 2013), where in each case warrantless searches extended after third-party initiation were upheld by New Jersey courts. After considering the areas searched in the above mentioned matters and the expectation of privacy one could reasonably hope to have in a vehicle willingly turned over with keys to a valet, the court found that the officers actions beyond the scope of the valet in State v. King were minimal and therefore upheld the search and reversed the suppression of the handgun. Second-degree unlawful possession of a firearm or handgun carries up to 10 years in prison with a mandatory parole ineligibility period under the Graves Act (N.J.S.A. 2C:43-6(c)). If you are facing weapons charges you should seek experienced criminal defense counsel immediately. For more information about weapons possession, use or possession of a gun in the commission of a crime, possession of a handgun without a permit, weapons possession while on probation or parole, illegal weapons or other weapons related charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

No Suppression Of Handguns Shown In Video

Ronald Payne was convicted in the Superior Court of New Jersey, Essex County for two counts of second-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(b)), third-degree receiving stolen property (N.J.S.A. 2C:20-7) and third-degree resisting arrest (N.J.S.A. 2C:29-2a(3)(a)) after police received a report of a man in possession with a gun in Belleville, NJ. Upon arriving in the area, police saw the defendant run to a car which sped away as soon as the defendant got in. As police chased the vehicle, Payne pointed a gun at the officers and his actions were recorded by the cruiser's dash camera. Police ultimately stopped the vehicle and, upon removing the defendant, saw two handguns in plain view on the vehicle's back seat. In State v. Payne, the defendant sought suppression of the weapons discovered, however, the Superior Court judge viewed the patrol car's video and declined to hold a suppression hearing. The defendant pled guilty and was sentenced to 5 years in prison with a 3 year parole ineligibility period under the Graves Act (N.J.S.A. 2C:43-6(c)). The defendant appealed the denial of his suppression motion without an evidentiary hearing and the court's failure to award him appropriate jail credits at sentencing as a result of a parole violation. The NJ Appellate Division found that the defendant's appeal of the suppression motion was without significant merit as the video showed enough to see the handguns in plain view and leave no material facts in dispute, under State v. Hewins, 166 N.J. Super. 210 (1979), with regard to the handguns. The Appellate Division did remand the matter to the trial court to determine whether the 720 jail credit awarded to the defendant was appropriate or whether he was entitled to additional jail credits. Second-degree unlawful possession of a firearm or handgun carries up to 10 years in prison with a mandatory parole ineligibility period under the Graves Act. If you are facing weapons charges, you should seek experienced criminal defense counsel immediately. For more information about weapons possession, use or possession of a gun in the commission of a crime, possession of a handgun without a permit, weapons possession while on probation or parole, illegal weapons or other serious charges in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.