March 28, 2022

Denial of suppression Mt where police had probable cause to stop car State v. Gibson

 Denial of suppression Mt where police had probable cause to stop car State v. Gibson

Defendant appealed his conviction for possession of a controlled dangerous substance and the denial of his motion to suppress evidence.


Defendant appealed his conviction for possession of a controlled dangerous substance and the denial of his motion to suppress evidence. Officer surveilling residence saw defendant exit house, approach a Buick, hand the driver an object, and saw driver hand defendant money. Officers stopped Buick, found 49 bags of heroin, stopped defendant's car and arrested him with $520 in cash. Officers returned to the residence, defendant's uncle signed a request to search defendant's bedroom and officers found 185 bags of heroin and 37 vials of cocaine. Trial judge denied the motion to suppress evidence from the Buick, but granted it as to the evidence seized from the residence. Defendant argued police lacked reasonable suspicion to stop the Buick. Court agreed. The only evidence presented was the experienced officer's good faith belief he had seen a drug deal. Without further corroborating evidence, the exchange the officer saw, in which he admitted he could not see what defendant gave Buick driver, was just as consistent with innocence as guilt. State's argument that trial judge erred during the hearing in suppressing evidence as to what street source told police was not before the court since State did not cross-appeal. source https://www.law.com/njlawjournal/almID/1641846059NJA341019/

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