Your Fourth Amendment Rights: Unreasonable Search By Police by Lifting Shirt Exceeds Terry Type Search and Results in Suppression of CDS Seized.

In State v. Privott the New Jersey Supreme Court affirmed the appellate division holding reversing a conviction on the basis that the defendant’s Fourth Amendment Rights were violating. 

In this case an anonymous caller told Plainfield Police that a black male was with a gun on the corner of Plainfield Avenue and West Third Street in the city, wearing a black jacket and red and black hat.  He was further described as being tall and tin.  Upon arrival the police noticed a black male matching that description, and when noticed, walked away from the patrol vehicle.  Further, the officer testified that this individual was known by him to associate with known drug gangs, and this area of Plainfield was a high crime area.  Further, the office testified that the suspect appeared nervous and appeared to be touching something at his waistband area of his pants.  The office told the suspect to turn around and place his hands on the fence, which the suspect did.  The officer than lifted the shirt of the suspect in which a bag of crack cocaine was found.

The appellate division and the Supreme Court suppressed the cocaine on the basis that the officer engaged in a search (lifting the suspects shirt), which exceeded the Terry Type frisk type search permitted.  The police clearly had reasonable suspicion based on the totality of the facts to engage in a pat-down of the suspect but not lifting his shirt and exposing his stomack.

If you have been subject to a search which has lead to your arrest and charges it is important that you seek the advice of an experienced NJ Criminal Defense Attorney, who will access you chances of having your charges thrown out with a motion to suppress evidence.

Law Office of Vincent J. Sanzone, Jr., an experienced NJ criminal defense lawyer who has 23 years of experience in successfully defending people accused of crimes.

Union, Essex, Hudson, Bergen, Middlesex Criminal Attorney Vincent J. Sanzone, Jr.

P.O. Box 261

277 North Broad Street

2^nd Floor

Elizabeth, N.J. 07207

Office: (908) 354-7006

Cell:   (201) 240-5716

CriminalDefenseNJ.com

Dated: January 2, 2013