narcotic

narcotic
NJNEOA News
P.O. Box 202 - Port Reading, NJ 07064
njneoa.org
Vo
Sp l. 2
rin 6,
g, No
20 . 2
15
Building Bridges
That get you where you need to go
Pg. 18
2015 Annual Narcotic Training
Conference
www.njneoa.org
Pg. 9
Est. 1965
2015 Annual Narcotic Training Conference - JUNE 1-4 Don’t miss!
NJNEOA News
Narcotic
Inside this issue
• President’s Message...........................3
• NJNEOA E-Board..................................4
• April Seminar........................................6
• Calendar of Events..............................7
• 2015 Training Conference................9
• NJNEOA Awards 2015......................11
• Behind the Badge..............................13
• 2015 Scholarship...............................16
• BOD Meetings....................................18
• Counsel’s Column..............................19
A word about our
Fundraising Efforts
S
2
ince 2005, the New Jersey
Narcotic Enforcement Officer’s
Association has contracted with
MIDWEST PUBLISHING, INC. to raise
funds. MIDWEST PUBLISHING, INC. has
been serving the non-profit sector
since 1978. They are a corporation that
utilizes the telephone as a means of
soliciting monies for associations such
as the NJNEOA.
If you are contacted by a
representative of MPI soliciting funds
for the NJNEOA please feel free to
contact us to verify the validity of the
call.
Contributions collected to fund the
Drug Awareness Program, the Training
Seminars, provide Drug Awareness
literature in the communities, as well
support the NJNEOA’s charities.
The NJNEOA thanks you in
advance for any contributions made
to the association through MIDWEST
PUBLISHING, INC.
Attention NJNEOA Members!
We look forward to hearing from all of you and
encourage you to send in your stories and photos.
NJNEOA News is your paper and you have the right
“not to remain silent” but to let me know what you
want to see in it.
– Al Camisa, Editor
Send us
your Award
Submissions
Send your awards nominations, articles
and items of interest to NJNEOA News!
1.Write it down. Drop us a couple lines
about yourself, a colleague, a recent
bust - anything you think our readers will
read. Don’t worry about how scholarly it
sounds. We have editors who will make
sure you look good in print.
2. E-mail [email protected]
Include your name, title and the
organization to which you belong (more
information on page 8).
To submit photographs:
Set your digital camera to “high quality”
or “best” resolution and do not choose
“resize” when e-mailing.
3. Send us your photographs.
Make sure photographs are sharp and
bright. Give us a brief caption so we know
what is going on in the picture.
www.njneoa.org
NJNEOA President’s Message
The Central Narcotics Training Seminar is
April 21st. The topic of discussion for this event
is “Homeland Security Updates,” which is being
presented by the Department of Homeland Security.
Registration is still available online at njneoa.org.
Past Presidents
Dominic A. Spina
1965-1966
Leonard J. Iatesta
1966-1967
Donald J. Ebert 1967-1968
Joseph A. Jacobi
1968-1969
Robert R. Miller
1969-1970
George R. Kell
1970-1971
Thomas Dougherty
1971-1972
Paul V. McKenna
1972-1973
William J. Kennedy
1973-1974
Joseph J. Delaney
1974-1975
William F. Dietz, Jr.
1975-1976
Philip Burger
1976-1977
Jerome M. Rice 1977-1978
Louis E. Grossi
1978-1979
Joseph Fields
1979-1980
Joseph J. Craparotta
1980-1981
Walter R. Betyeman
1981-1982
Thomas Monahan
1982-1983
Joe DeBiase, Sr. 1983-1984
Lucius Bowser
1984-1985
Leo J. Uebelein
1985-1986
The NJNEOA Awards Luncheon is being held on the afternoon of June 4th.
This event concludes the Annual Narcotic Training Conference. The purpose
of the luncheon is to honor New Jersey’s law enforcement officers who
exhibit a high degree of professionalism, integrity and dedication above and
beyond the call of duty, earning them the respect of this Association and the
people of New Jersey.
Ken Dupuis
1986-1987
Rodney Leone
1987-1988
Al Glover
1988-1989
John Olock
1989-1990
Jim Dougherty
1990-1991
The price of the luncheon is $60. Credit card payment is available online
at njneoa.org. It is imperative that all registration/reservation and voucher/
or payment must be received one week prior to the event in order to supply
the hotel with an exact head count a week prior. For the sake of trying to be
financially responsible with the NJNEOA member’s dues monies, we will need
to enforce the above reservation/payment policy.
Anne Kreigner
1991-1992
Frank Miterotonda
1992-1993
Quinton Collins, Sr.
1993-1994
Mike Agrifolio
1994-1995
James Van Pelt
1995-1996
Warren Hodges
1996-1997
Al Katcher 1997-1998
Joseph Krisza
1998-1999
Vincent Modarelli
1999-2000
Richard Vogt
2000-2001
Further details along with tickets
are available online at njneoa.org.
This is our one fund raising event
for 2015 that helps the Association
to maintain offering free training
seminars to all law enforcement,
as well as free attendance to the
training conference for NJNEOA
members.
Vincent Moscaritola 2001-2002
Al Camisa
2002-2003
In closing, I thank you for your
continued support of the NJNEOA.
*Samuel Calabrese 2010-2011
Michael Barbato 2011-2012
Al Camisa 2012-2012
The 2015 Annual Narcotics Training Conference
is just around the corner. Some of the topics being
presented are: Officer Safety & Survival, The Impact
of Legal Marijuana Legalization in Colorado & What
By NJNEOA President
You Can Expect From Legalization in Your Area,
Albert J. Camisa
CBP Capabilities Orientation & NJ Ports Briefing,
Duty Shooting Incidents, Decision Making Under Pressure, Narcotics Trends
Update, Hidden Compartments/ Transportation of Contraband, Fitness/
Nutrition for Law Enforcement, Adaptive Leadership in Law Enforcement, and
Narcotics Training & Grant Opportunities. The presenters are from across the
United States and are both Federal and State law enforcement officers.
As in the past few years, registration will be free for NJNEOA active (dues
paid) members, and for non-members of the NJNEOA the cost will remain at
$40. Dues must be paid in full at time of conference registration and agency
vouchers or payment must be received prior to attendance. *Remember,
members must sign in using the e-mail address supplied when applying
for membership. Your e-mail functions as your ID identifying you as a paid
member of the NJNEOA. Otherwise you will not be allowed access to register
for free. Registration is available online at njneoa.org.
The 2015 NJNEOA Cigar Night, aboard the Cornucopia Princess, is
scheduled for August 21st. The price is still $100 per person and includes:
Dinner, Drinks, Music, and five
Alvarez hand-rolled cigars.
Kenneth Capobianco 2003-2004
Daniel J. Muntone 2004-2005
John Lazzara
2005-2006
Joseph Braun
Michael Corrado
Andrea Craparotta
Martin Lynch
2006-2007
2007-2008
2008-2009
2009-2010
3
Back Office News
BE PART of the ACTION
Consider joining our association
You are
encouraged to
pay your: Dues,
Registrations and
Event fees ONLINE
YOU are the driving force
behind OUR success!
Come be a part
of the winning team.
Your paid dues membership
allows us to provide free narcotics
training to the NJNEOA’s
members.
In addition, it affords us the
opportunity to provide the Drug
Awareness Program free to every
school district throughout New
Jersey.
JOIN the BOD
Would you like to directly
influence the NJNEOA training
agenda?
Do you know what topics would
be both interesting and important
to your fellow officers? Can you
make FIVE meetings a year?
NJNEOA WANTS YOU!
WE are actively seeking new
blood for positions on the board
of directors. Shoot an e-mail to
[email protected].
4
www.njneoa.org
Encourage
your fellow
officers,
whether they
work narcotics
or not, to join
our association
and support
our events
NJNEOA Executive Board 2014-2015
The Members of NJNEOA
who represent YOU
Albert J. Camisa
President
Middlesex County
Prosecutor’s Office (Retired)
[email protected]
Felix Pacheco
1st Vice-President
Hudson County
Prosecutor’s Office
[email protected]
Wayne Canastra
2nd Vice-President
Middlesex County
Prosecutor’s Office
wayne.canastra@
co.middlesex.nj.us
Richard Ricco
3rd Vice-President
Roxbury Township
Police Department
[email protected]
Vincent Moscaritola
Financial Secretary
Essex County Sheriff’s
Department (Retired)
[email protected]
Frank Gennaro
Counsel - New Jersey
Division of Criminal
Justice (Retired)
[email protected]
Michael J. Barbato
Recording Secretary
Woodbridge PD (Retired)
[email protected]
Joseph D. Coronato
Counsel
Ocean County
Prosecutor’s Office
[email protected]
Eileen McGuire
Corresponding/
Executive Secretary
Union County Prosecutor’s
Office (Retired)
Andrew C. Carey
Counsel
Middlesex County
Prosecutor’s Office
andrew.carey@
co.middlesex.nj.us
Walter L. Braxton
Treasurer
New Jersey Division of
Criminal Justice (Retired)
[email protected]
Contact Us
Please feel free to contact
any of our Executive Board
members for information about
our organization.
We welcome your comments,
questions and/or suggestions.
5
Proud Sponsors of the NJNEOA News
The NJNEOA accepts these major credit
cards for all transactions from advertising to
membership dues payment online @
www.njneoa.org
Yes!
We can
put it on your Visa,
Mastercard, Discover or
American Express card.
6
April Narcotics Training Seminar
April Narcotics Training Seminar
April
21, by:2015
AprilCo-hosted
21, 2015
Middle Atlantic-Great LakesCo-hosted
Organized by:
Crime Law Enforcement Network®
Middle Atlantic-Great Lakes Organized
Crime Law Enforcement Network®
(MAGLOCLEN)
(MAGLOCLEN)
New Jersey Narcotic
Enforcement Officers Association
(NJNEOA) Officers Association
New Jersey Narcotic Enforcement
County Narcotic Commanders
(NJNEOA)Association of New Jersey
(CNCA)
County Narcotic Commanders
Association of New Jersey
(CNCA)
The New Jersey Narcotic Enforcement Officer’s Association and its co-hosts, the County Narcotics
Commanders
Association
New Jersey and
the Middle
Atlantic-Great
Organized
Crime Law
The New Jersey
NarcoticofEnforcement
Officer’s
Association
and itsLakes
co-hosts,
the County
Enforcement
Network, willAssociation
host the 2015
Narcotics
Seminar
at Royal Albert’s
Narcotics Commanders
ofCentral
New Jersey
andTraining
the Middle
Atlantic-Great
LakesPalace
1050
King
Georges
Post
Road
Edison,
New
Jersey
08837.
Organized Crime Law Enforcement Network, will host the 2015 Central Narcotics
Training Seminar at Royal Albert’s Palace 1050 King Georges Post Road Edison, New
The
topic
for this training will focus on: “Homeland Security Updates” The most current information
Jersey
08837.
gathered relating to both Domestic and International Terrorism and how it effects the Tri-state area
law
community”.
Allfocus
attendees
must be pre-registered.
Doors open
8:00 current
a.m. with the
Theenforcement
topic for this
training will
on: "Homeland
Security Updates"
Theatmost
seminar
commencing
at
9:00
a.m.
information gathered relating to both Domestic and International Terrorism and how it
effects the Tri-state area law enforcement community". All attendees must be pre-
THE
SEMINAR
RESTRICTED
TO CRIMINAL
JUSTICE PERSONNEL
registered.
DoorsISopen
at 8:00 am with
the seminar commencing
at 9:00 am. ONLY. Due to the
nature of the information being discussed, you will need to present your current Law Enforcement
ID to
admittance IS
intoRESTRICTED
the seminar
THE gain
SEMINAR
TO CRIMINAL JUSTICE PERSONNEL
ONLY. Due to the nature of the information being discussed, you will need to present
The
feeEnforcement
for the conference
is gain
FREEadmittance
for both NJNEOA
yourregistration
current Law
ID to
into the members
seminar and Non-members alike.
All registrations should be made online @njneoa.org.
The registration fee for the conference is FREE for both NJNEOA members and Non-
Questions regarding registration, please contact:
members alike. All registrations should be made online @njneoa.org.
Al Camisa /NJNEOA at 732-925-1998 or [email protected]
Questions regarding seminar content, please contact:
Questions regarding registration, please contact:
Robert Mazur /NJNEOA at 732-330-9441
Al Camisa /NJNEOA at 732-925-1998 or [email protected]
Questions regarding seminar content, please contact:
It is through your membership dues to the NJNEOA that we are able to offer our seminar training
Robert Mazur
/NJNEOA
732-330-9441
programs
for FREE.
We at
encourage
all NJNEOA members to keep current in their dues, and for all
other law enforcement officers to join the NJNEOA. There is a yearly fee of $35 incurred to be a
It is through
your membership
the you
NJNEOA
thattowe
ableTraining
to offerConference
our
member
of the Association.
This alsodues
will to
entitle
attendance
ourare
Annual
seminar
programs for FREE. We encourage all NJNEOA members to keep
in
Atlantictraining
City.
current in their dues, and for all other law enforcement officers to join the NJNEOA.
There is a yearly fee of $35.00 incurred to be a member of the Association. This also will
entitle you attendance to our Annual Training Conference in Atlantic City.
7
Calendar of Events
21
APRIL
Central Training Seminar
Royal Albert’s
Edison, NJ

1-4
JUNE
2015 Narcotics Training Conference
The Claridge Hotel
Atlantic City, NJ
13
AUGUST
3rd Annual Cigar Night Benefit
The Cornucopia Princess
Perth Amboy, NJ
20
OCTOBER
Northern Training Seminar
Morris County Police Academy
Parsippany, NJ
8
Never miss another NJNEOA event again.
2015 Conference
2015 Narcotics Training Conference
2015 Narcotics Training Conference
May
31 - June 4, 2015
May 31 - June 4, 2015
Co-hosted by:
Middle Atlantic-Great LakesCo-hosted
Organized by:
Crime Law Enforcement Network®
(MAGLOCLEN)
Middle Atlantic-Great Lakes Organized
Crime Law Enforcement Network®
New Jersey Narcotic
Enforcement Officers Association
(MAGLOCLEN)
(NJNEOA) Officers Association
New Jersey Narcotic Enforcement
County Narcotic Commanders
Association of New Jersey
(NJNEOA)
(CNCA)
County Narcotic Commanders Association of New Jersey
(CNCA)
The New Jersey Narcotic Enforcement Officer’s Association and its co-hosts, the County Narcotics
Commanders Association of New Jersey and the Middle Atlantic-Great Lakes Organized Crime Law
The New Jersey Narcotic Enforcement Officer’s Association and its co-hosts, the County
Enforcement Network, will host the 2015 Narcotics Training Conference at the Claridge Hotel, Park Place &
Narcotics Commanders Association of New Jersey and the Middle Atlantic-Great Lakes
Boardwalk, Atlantic City, New Jersey.
Organized Crime Law Enforcement Network, will host the 2015 Narcotics Training
Conference at the Claridge Hotel, Park Place & Boardwalk, Atlantic City, New Jersey.
The agenda for this training sharing conference will include material from federal, state, and local law
enforcement agencies focusing on a wide range of domestic and international drug organizations and all
The agenda
this training
sharing
conferencewill
willalso
include
material interdiction
from federal,
state, and
aspects
of theirfor
associated
activities.
The conference
cover narcotics
techniques
and how
local
law
enforcement
agencies
focusing
on
a
wide
range
of
domestic
and
international
drug
to target organizations that attempt to traffic narcotics across throughout the U.S., both by land and
by sea.
organizations
and
all
aspects
of
their
associated
activities.
The
conference
will
also
cover
Presentations will be made detailing techniques used to compile analytical analysis of crime trends that can
narcotics
interdiction
be
used to combat
illegal techniques
activities. and how to target organizations that attempt to traffic
narcotics across throughout the U.S., both by land and by sea. Presentations will be made
detailing
usedvarious
to compile
crime
trends that
be used
to
In
additiontechniques
to Interdiction,
topics analytical
pertaining toanalysis
Officer of
Safety
& Survival,
Thecan
Impact
of Marijuana
combat illegal
activities.
Legalization
in Colorado
& What You Can Expect From Legalization in Your Area, Duty Shooting Incidents,
Decision Making Under Pressure, Narcotics Trends Update, Adaptive Leadership in Law Enforcement,
Narcotic
Training
& Grant Opportunities,
Physical to
Fitness/
forSurvival,
Law Enforcement
will be
In addition
to Interdiction,
various topicsand
pertaining
OfficerNutrition
Safety &
The Impact
covered.
of Marijuana Legalization in Colorado & What You Can Expect From Legalization in Your
Area, Duty Shooting Incidents, Decision Making Under Pressure, Narcotics Trends Update,
Instructors
will detail the
abuse potential
countermeasure
utilizedand
through
Adaptive Leadership
in ever-changing
Law Enforcement,
Narcotic and
Training
& Grant strategies
Opportunities,
current
investigations.
The instructors
this conference
many years of investigative and prosecution
Physical
Fitness/ Nutrition
for Law for
Enforcement
will have
be covered.
experience. This is a conference that will be beneficial to all law enforcement officers regardless of their
experience.
Instructors will detail the ever-changing abuse potential and countermeasure strategies
utilized through current investigations. The instructors for this conference have many years of
st
Sunday,
May 31
, registration
will
be held from
3:00isp.m.
to 6:00 p.m.
Anwill
additional
registration
will
be held
investigative
and
prosecution
experience.
This
a conference
that
be beneficial
to all
law
st
on
Monday, June
1 8:00
a.m. to 10:00
a.m. experience.
The conference will commence at 10:00 a.m. on Monday June 1st
enforcement
officers
regardless
of
their
and end on Thursday June 4th at approximately 12:00 p.m.
9
Spring Sponsors
10
NJNEOA 2015 Awards
nJNEOA AWARDS 2015
The New Jersey Narcotic Enforcement Officer’s Association recognizes several police officers and
their departments during the year by acknowledging the outstanding investigations they have
conducted in the area of narcotic enforcement. The NJNEOA will present these officers and their
departments with an NJNEOA Achievement Award at the Annual Narcotics Training Conference.
In order to be considered for an award it is mandatory that a detailed account of the specific investigation must be submitted by a member of the NJNEOA for placement in the quarterly newsletter
and on the Association’s website. It isn’t necessary that the officers receiving awards be an NJNEOA
member. If need be, a generalized story omitting the defendant’s names and addresses, will then be
authored for use in the Association’s publications.
DEADLINE
MAY 1
SUBMISSIONS REQUIREMENTS:
The description of the investigation and all other particulars should be submitted to:
NJNEOA P.O. 202 Port Reading, New Jersey 07064 or e-mailed to: [email protected]
11
Experience of a Lifetime
12
Conducting a search
without a warrant can be
like sailing stormy seas
without a lighthouse.
Behind the Badge
By Joseph Pangaro
every time we conduct a search
it must be done within the
guidelines the court has set for us
make those guidelines
your road map
Incorporating Case Law
into your Report Writing
The courts of New Jersey always look very closely at
police officers and the actions we take out in the field;
especially when we conduct a search without a warrant. If it
is drugs we uncover during a search without a warrant the
scrutiny of our work will be even greater.
It is always best to get a warrant to conduct a search,
but as anyone who has been involved in police work knows;
circumstances are very fluid and the luxury of obtaining a
warrant is not always as easy as it is portrayed to be.
That being said, our obligation to protect the
constitutional rights of the citizens we are sworn to serve
demands we adhere to that standard unless one of the
recognized exemptions to the search warrant requirement
are present. The key then to conducting a valid search
without a warrant will hinge on a few facts such as: exigent
circumstances and officer safety.
Exigent circumstances arise out a couple of random
actions; the unplanned nature of the stop and the danger
to the officers associated with the stop and the occupants
of the vehicle. If you have these two elements you may be
permitted to conduct a warrantless search. The facts that
lead you to believe you needed to conduct a warrantless
search have to be specifically documented in a report.
It is with that understanding that we have to make sure
we do things the right way; within the guidelines the court
has set for us every time we conduct a search. While the
vast majority of police officers do a great job in the course of
their duties on the street, an area that is often neglected is
the written report.
13
Case Law Reporting, continued
The formal police report is vital to any prosecution and
will follow a case through every stage of the process. If
your search and arrest is a substantial one you don’t want
to lose it because of a bad report during the trial stage or
later in an appellate review.
I have found that a solid report is one that is presented
in a clear manner, covering all aspects of the stop and
search, and includes a narrative that provides the reader
with a sense of exactly what it was like during the stop.
The details of the stop that lead you to search without
a warrant must be very specific; you need to lists these
points very plainly so everyone reading your report not only
knows what you did but why.
In fact a few Supreme Court cases in the past few years
have addressed this exact topic and provided the guide we
need to be aware of and document in our reports.
What the courts have been clear about to the police
is that they are looking for some key elements specific to
your stop that will justify a warrantless search. They will
rely on these elements to make their decision about the
validity of your actions.
Some of the main elements they look for and have
cited in previous court cases include; the time of day of
your stop. Was it 2 p.m. in the afternoon or 3 a.m. in the
morning. The courts have a tendency to see night time
activities as more dangerous, therefore they often give
more leeway to the officer.
Where did the stop take place? Was it on a highway
along a shopping corridor or in a residential area or was
it in a desolate part of a rural highway; removed from the
general public. Again the courts tend to see the isolation
of your stop as an important factor in determining the
reasonableness of your actions.
Another important element is how many police officers
were on the stop and how many suspects were in the
vehicle. Were you alone with three suspects in the car, or
were there 4 police officers and 2 suspects? The ratio of
police to suspect will provide a lot of insight for the court.
They will want to know if you stopped the car in an
area where there are confederates of the suspect(s). If you
stopped the car in the area where people know the suspect
has drugs and if you leave the car there is it a reasonable
possibility that someone could get into the car and remove
the drugs? Along this line they might want to know if
there was a potential danger to the officer if you only leave
one officer to guard the vehicle while you tried to obtain a
warrant.
The courts will also look outside your agency when
evaluating your assertion of exigent circumstances. If
you say you were alone with three defendants, the court
will want to know about the availability of officers from
a neighboring jurisdiction to determine not only that you
14
were alone, but that there was no reasonable expectation
that help was available.
Based on this information it is up to every officer to
ensure that if these facts are present in your case you
document them in detail. The court has said that each case
will be viewed on a case by case basis, but it is clear that
they will be looking to see if your search without a warrant
was actually necessary or were simply you shortcutting the
process.
Case law is a series of layers, one incident and court
finding built on top of another. You must take the time to
know the law and the case law that governs your actions
out in the street. Look up the courts findings and be sure to
include every vital fact in your report. Describe the weather,
the location of the stop, the time of day, how many
suspects were there and who was available to help you. If
you find that you desire to search a car without a warrant is
strong but your circumstances are weak, then take the long
road, do it right and get a warrant. And remember, as cops
we are the good guys and the good girls. Protecting the
rights of everyone is one of our main obligations as much
as making a good arrest.
Let me know what you think: [email protected]
That’s
Right
Check us out
on Facebook.
Just go to Facebook.com and
friend us @Welcome to NJNEOA.
You’d be amazed how many old
friends from throughout the years
you might have worked with you will
find there. It’s also an easy way to
keep in touch with what’s going on in
the Association.
So even if you’re not a Facebook
fanatic, sign up today and become a
friend of the NJNEOA.
NJNEOA Spring Sponsors
15
NJNEOA Scholarship Program
Deadline May 1
To all NJNEOA members: The N.J.N.E.O.A. is proud to announce that once again at this
year’s conference the N.J.N.E.O.A. will be presenting its 14th annual N.J.N.E.O.A. College
Scholarship Award. Starting May 1, 2015 thru June 4, 2015 the Scholarship Committee
will review applications and choose the recipient. This year there will be one award in
the amount of $2,500 to a qualified applicant. The award will be presented at a special
ceremony during the luncheon held at the conference.
HOW
to APPLY
Complete and return, in its entirety, the
N.J.N.E.O.A. Scholarship application, no
later than May 1, 2015.
Failure to complete the application
in its entirety, or enclose requested
information shall disqualify applicant from
consideration.
Applications can be obtained on the
N.J.N.E.O.A. website or through Walter
Braxton at (908) 380-3250, fingerlock@msn.
com or Michael Barbato at (732) 887-2557,
[email protected]
Just another
perk of being a
member
A Qualified Applicant Shall:
• Be a high school senior planning to
attend a full time four-year accredited
college, beginning in the fall.
• Be the son, daughter or grandchild
of a full-time, sworn law enforcement
officer who is a member in good
standing of the NJNEOA. (Good
standing meaning dues paid) & who
has been a dues paying member for
a minimum of three (3) years
• Be accepted to a full time four-year
accredited college at the time of
scholarship receipt.
• May not be the sibling of an NJNEOA
BOD member.
Send to:
Return
completed
applications to:
NJNEOA
Scholarship
P.O. Box 202
Port Reading,
N.J. 07064.
16
Mixed Bag
DRUG AWARENESS
WATCH
...
DRUG
...
AWARENESS
...
VIDEOS
...
ONLINE
...
ON OUR
...
WEBSITE
...
NJNEOA.ORG
17
2015 NJNEOA BOD Meetings
BOD Meetings
Dates & Locations
April 21, 2015*
Central Seminar
Royal Albert’s
Edison, N.J.
May 19, 2015
Firehouse Eatery & Pub
Rahway, N.J.
June 1 & 4, 2015
2015 Narcotics Conference
The Claridge Hotel
Atlantic City, N.J.
August 21, 2015*
Cigar Night Benefit
The Cornucopia Princess
Perth Amboy, N.J.
September 15, 2015
Middlesex County Fire Academy
Sayreville, N.J.
October 20, 2015*
Northern Seminar
Morris County Police Academy
Parsippany, N.J.
November 17, 2015
Firehouse Eatery & Pub
Rahway, N.J.
* Monthly meetings are at 6:00 p.m.,
except for those on Seminar days,
which are then at 4:30 p.m.
or unless designated otherwise.
18
Counsel’s Column
One More Thing to Consider
By Frank M. Gennaro, Esq.
Appellate Division Rules Invalid searches
of Individuals who leave the scene
The Appellate Division recently
invalidated the searches of two
men in Camden based on a
lack of probable cause for the
searches. The State Police were
executing a search warrant on
a residence in Camden. After
making a no-knock entry to the
premises, a Trooper on the raid
team radioed a back-up Trooper,
advising him that “two guys” had
left the building to be searched,
and were observed walking
toward a nearby Pontiac. The
back-up Trooper found two men
sitting in a gray Pontiac, some
five or six houses away from the
search location.
The Trooper observed no
suspicious or other furtive
conduct by the two men. He
ordered the men out of the
car, searched them, and found
that each of the men was in
possession of crack cocaine. The
defendants moved to suppress
the evidence seized in the
searches. The trial court noted
that, there may have been no
reason to arrest the two, but he
denied the motion to suppress.
The Appellate Division reversed.
The appellate court noted that,
while police may detain person
found in the location to be
searched with a warrant, there
did not necessarily have a right to
search everyone present.
The defendants were outside
the immediate vicinity of the
place to be searched. There was
no evidence that contraband had
been found in the house. There
was no indication that the two
defendants even knew that the
house was to be searched. The
Trooper observed no conduct
by the defendants to justify his
ordering them out of the car and
searching them.
The right to detain persons in a
place to be searched is spatially
limited. Once an individual has
left the immediate vicinity of
the place to be searched, any
detention of such a person must
be based on some reason other
than the fact that the police have
a warrant for the location to be
searched. When the Trooper
came upon the defendants in
this case, all he had been told
was that “two guys” just left the
house.
Under these circumstances, the
Appellate Division reversed the
trial court and suppressed the
evidence.
However, this story may not be
complete. The State Petitioned
to the Supreme Court, and in
November 2014, the Supreme
Court agreed to hear the case.
The case will likely be argued in
the Fall.
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