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New Jersey Criminal Lawyer - Appellate Opinions
State v.
Lewis, 411 N.J. Super. 483 (App. Div. 2010)
The stop of
defendant's van occurred at night in a Plainfield neighborhood known
for high crime and drug sales. As in
Pena-Flores, the police had no reason to anticipate in
advance that defendants would be involved in drug activity because
the targets of their investigation were Courtney and Porter, not
defendants. Moreover, the stop of defendant's car occurred at a
location where it could be readily observed by persons in the
neighborhood, such as the five or six people who congregated in the
area after the stop. If they drove by, the occupants of the Camry
who apparently had purchased drugs from defendants also would have
been likely to observe the van and assume that it contained drugs.
Therefore, it cannot be said in this case, as in Fuller, that
“[t]here is nothing in the record to suggest that [defendants] had
cohorts who might have come on the scene.”
Moreover,
although a second police car arrived on the scene after the stop,
the search of the car and leather case had already been completed
before then. Furthermore, it is unclear whether the officers in the
second police car would have been available to detain defendants
while Detectives Black and Staten applied for a warrant, because the
officers involved in the Courtney-Porter investigation were
responsible for searching four different residences, a car, and the
persons of Courtney and Porter, and according to Detective Black,
“were stretched out kind of thin.”
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