Justice Timpone concluded with the following in relevant part: The tote bag was found in the back seat of a car that had four occupants. They were ordered out of the car. The State simply has not established that the bag was abandoned property. The trespasser exception has even less relevancy. The record is devoid […]

The Court continued in relevant part:  Police must have particularized suspicion in order to conduct an investigatory stop, and the duration of an investigative stop must be limited in time and scope to the purpose that justified the stop in the first place. If the officer’s conduct is more intrusive than necessary, the investigative stop […]

Justice Timpone continued in relevant part: On remand, the parties presented no further testimony. Relying on the record as it had been developed at the suppression hearing, the court determined the inevitable discovery and the independent source doctrines both applied and that the evidence was admissible. Defendant’s confession and the drug evidence must be suppressed. […]

The New Jersey Supreme Court continued in relevant part: The handler led the canine to the Tahoe.  Shaw told an officer that he had a bag of marijuana in the car, and the canine alerted to the presence of narcotics. Shaw was arrested.  An officer told Hanson that Shaw admitted he had marijuana in the […]

On May 13, 2019, the New Jersey Supreme Court decided the Monmouth County case of State v. Nathan Shaw. The principal issues involved the applications of the inevitable discover and independent source doctrines. Justice Timpone wrote for a unanimous Court and held as follows: In this case, the Court considers whether evidence found in a […]

Justice Fernandez-Vina continued: In this case, it is established that the initial traffic stop was a lawful response to the Title 39 violations Detective Kazan observed.  Two determinations must therefore be made: whether the wait for the canine unit’s arrival prolonged Nelson’s traffic stop, and, if so, whether the delay was justified by independent reasonable […]

The Court continued in relevant part: On appeal, the Appellate Division affirmed but stated that “the use of the canine unit did not prolong the stop more than reasonably required to complete [the] Title 39 enforcement mission.” The Court granted Nelson’s petition for certification.  233 N.J. 211 (2018). Nelson’s traffic stop was prolonged as he […]

The New Jersey Supreme Court continued in relevant part: At first, Nelson told the detective he had been in the Bronx to visit his aunt and was now on his way to Philadelphia to visit his cousin, but later Nelson stated he had been visiting his cousin in New York and was heading to Philadelphia […]

On May 8, 2019, the New Jersey Supreme Court decided the Union County case of State v. Dwight M. Nelson. The principal issue concerned whether reasonable suspicion of criminal activity existed to justify the roadside detention of the defendant while the police waited for the arrival of a drug-sniffing dog. Justice Fernandez-Vina wrote for a […]