Man Is Charged With Possession Of A Firearm After Calling 9-1-1 To Aid Another

Donald Peterson was charged with second-degree possession of a firearm (N.J.S.A. 2C:39-7(b)) and fourth-degree possession of a machete (N.J.S.A. 2C:39-7(a)) as a result of being a good samaritan. Peterson called the Hillsborough Police to report an unconscious male in front of his residence. Ultimately a murder investigation ensued with regard to the man discovered, based on the suspicious death of the 16 year old male. The Somerset County Prosecutor’s Office obtained a warrant to search the residence of Peterson for evidence that the victim had been in Peterson’s residence including “hair, fibers, fingerprints, bodily fluids, DNA, and other microscopic/forensic evidence. During multiple interviews with police officers, after Miranda warnings, Peterson admitted to having a criminal history as well as possessing weapons. While searching Peterson’s residence, the police discovered a Winchester rifle and a machete which Peterson was prohibited from possessing under N.J.S.A. 2C:39-7 as a certain person prohibited from possessing weapons due to his prior criminal history. Although no evidence was discovered liking Peterson to the death of the man he discovered on his sidewalk, he was indicted for the weapons possessions charges. In State v. Peterson, the defendant sought to suppress the discovery of the weapons in light of the fact that, although discovered in plain view during the search, discovery was not inadvertent given his prior notice to officers of his possession of same. Over the State’s objection, the NJ Superior Court, Law Division- Criminal Part, Somerset County suppressed the weapons in reliance on State v. Bruzzese, 94 N.J. 210, 236 (1983) holding inadvertent discovery to be an essential element for application of the ‘plain view’ exception to the search warrant requirement. The NJ Appellate Division reviewed the matter and found the inevitable discovery doctrine to apply in this case involving a search warrant for evidence establishing the victim’s pre-mortem presence in Peterson’s residence. Pursuant to State v. Marshall, 199 N.J. 602, 611 (2009), a lawful search should be limited to the areas likely to lead to discovery of the intended object of the search. In State v. Sheehan, 217 N.J. Super. 20 (1987), the court determined that when a search warrant applies to the entire premises, any item discovered therein is lawful as within the scope of the warrant. The court determined that State v. Gamble, 218 N.J. 412, 412 (2014) provided the N.J. Supreme Court with the opportunity to strike down or limit inadvertent discovery doctrine yet the justices did not seize upon said opportunity. The court turned to State v. Sugar, 108 N.J. 151, 156-157 (1987) establishing proof required by the State to invoke the inevitable discovery doctrine as follows: “(1) proper, normal and specific investigatory procedures would have been pursued in order to complete the investigation of the case; (2) under all of the surrounding relevant circumstances the pursuit of those procedures would have inevitably resulted in the discovery of the evidence; and (3) the discovery of the evidence through the use of such procedures would have occurred wholly independently of the discovery of such evidence by unlawful means.” Based on Peterson’s statements to police regarding his criminal history and his possession of the rifle, a warrant would have properly issued for a search for the weapon wholly independent of the warrant related to whether the victim had been present in Peterson’s residence pre-mortem. The NJ Appellate Division found the inevitable discovery doctrine to apply in this matter and reversed the trial court’s suppression of the rifle. If you are facing weapons charges, you should seek experienced criminal defense counsel immediately to protect your rights. 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, certain persons not to possess weapons or weapons charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Drugs Suppressed When Found Outside Scope Of Warrant

Police executing a no-knock warrant at a residence located Chad Bivins and co-defendant, Sayid Jordan, in a vehicle located several residences away and, upon removing them from the car searching them, discovered 30 bags of crack cocaine on each of them. Bivins sought to have the crack cocaine suppressed based on his location well outside the residence subject to the warrant but the trial court denied the motion holding that defendant's location was proximate to the residence based on the totality of the circumstances, especially in light of the fact that an officer assigned to the scene located Bivins and co-defendants after receiving a report of individual exiting the residence to be searched. The defendant appealed the denial of the suppression motion in State v. Bivins. The NJ Appellate Division reversed in reliance on a existing laws with regard to the scope of a search warrant. State v. Reldon, 100 N.J. 187 (1985) limits officers to a search of appropriate areas when executing a search. the warrant in question limited police to search the residence and "all persons present reasonably believed to be connected to said property and investigation. The Appellate Division distinguished this from State v. Carolino, 373 N.J. Super. 377 (App..Div. 2004) wherein "any and app persons arriving at, departing from and located [in] the residence and vehicle in question were included in the warrant and both the behavior and proximity of the defendant therein differed greatly from Bivins. Bailey v. United States, ___U.S. ___, 133 S. Ct. 1031, 185 L. Ed.2d 19 (2013) dictates that specific facts are required to connect an individual to a scene once they have departed premises subject to a warrant. The Appellate Division applied Bailey to the facts including neither the defendant nor the Pontiac in which he was located were described in the affidavit supporting the warrant, he was located a substantial distance outside the residence to be searched, the officer who searched the defendant received no report that the individuals fled the premises with evidence sought under the warrant being executed and the defendant did not act in a suspicious manner. The Appellate Division found that upholding the search would afford officers executing warrants overly broad discretion and therefore reversed the denial of the suppression motion. Drug charges, particularly distribution charges, have serious consequences including substantial terms of incarceration and enhanced penalties under certain circumstances. If you are facing drug charges and believe evidence obtained against you may have been obtained in violation of your rights, you should consult with an experienced criminal defense attorney immediately. For more information about controlled dangerous substances (CDS), warrantless searches, distribution of CDS, possession, CDS in a motor vehicle or other criminal issues in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Defective Warrant Must Result In Suppression Of Evidence

A Defendant filed a motion to suppress controlled dangerous substances (CDS) found during an illegal search in which a search warrant had allegedly been issued. The signature on the warrant was illegible, the signature line simply stated "JUDGE OF THE" and offered not even the Judge's written name. The Detective present at trial in the event there were questions about the warrant but the detective was not the affiant when the warrant was obtained. The State argued that the warrant was to be presumed valid and that the burden of proof was on the defendant to prove the search warrant invalid in defendant's motion to suppress evidence of an illegal search. The judge concluded that, pursuant to Rule 3:5-7(g), absent any bad faith she was bound to uphold the validity of the warrant and denied the motion to suppress. The NJ Appellate Division found, in State v. Riles, there was insufficient evidence to find the warrant was issued by a neutral judge and permitted the defendant to withdraw a guilty plea entered subject to appeal. Although there are restrictions on the manner in which police are to operate in securing evidence they believe to exist, searches are often faulty based on flawed warrants, failure to obtain warrants or other illegal and unscrupulous search methods. If you were arrested following a search in which illegal drugs, weapons, money or other substances were found on your person or in your vehicle, residence or other place which was under your control at the time, you should consult an experienced criminal defense attorney immediately to ensure your rights are protected. For more information about search and seizure, drug charges, gun charges, assault, burglary or other criminal offenses in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.