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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. 19 Special Events Facilities 20 Long-time supporters of the NJNEOA 21 Product Placement www.njneoa.org 22
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