State v. Carlton Harris (A-111-10; 067929)

State v. Carlton Harris (A-111-10; 067929)

Items seized during a search conducted pursuant to a

warrant issued under the Prevention of Domestic

Violence Act can serve as the basis for a subsequent

criminal prosecution if their illegal nature is

immediately apparent. A firearm’s serial number is

visible simply by looking at the weapon. Recording

that number does not constitute a seizure, and entry

of that number into the NCIC system and review of the

results does not constitute a search. Whether the

officers could recognize immediately that the assault

rifle and large capacity magazines were illegal to

possess are factual determinations that must be

remanded to the trial court.

8-16-12