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
2nd Floor
Elizabeth, N.J. 07207
Office: (908)
354-7006
Cell: (201) 240-5716
Dated: January
2, 2013
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