C.S. VS. M.A.K. (FV-13-1301-16, MONMOUTH COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
A-4097-15T4
| N.J. Super. Ct. App. Div. | Sep 8, 2017Background
- On Sept. 28, 2013, Holder fled a traffic stop at over 100 mph after his damaged car was observed; he then collided with three vehicles, killing one driver.
- At the accident scene officers smelled marijuana from Holder’s vehicle and observed a small glass vial of suspected marijuana on the passenger floor; Holder appeared intoxicated and a prior unwarranted blood draw was taken at the hospital (later suppressed).
- MCPO Investigator Crocco obtained a telephonic warrant to take a second blood sample and to search the car, including the trunk; police found 948 glassine packets of heroin, marijuana, and a digital scale in the trunk.
- Holder was indicted on multiple counts including aggravated manslaughter and drug offenses; he moved to suppress the trunk evidence and the warrantless blood draw; the trial court suppressed the first warrantless blood draw but denied suppression of the trunk search and second blood draw.
- Holder pled guilty to first-degree aggravated manslaughter and second-degree possession with intent to distribute heroin pursuant to a plea agreement and was sentenced to an aggregate 21-year term subject to NERA with concurrent term on the drug count.
- Holder appealed the denial of suppression of trunk evidence (arguing lack of probable cause) and challenged the excessiveness of the NERA sentence and the failure to find mitigating factor (b)(4).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of warrant to search trunk (probable cause) | Probable cause existed because officers smelled marijuana from the vehicle and observed a vial in the passenger area; odor could indicate more contraband in trunk | The presence of a small vial in the passenger area did not give probable cause to search the trunk (relying on Patino) | Warrant and trunk search upheld: smelling marijuana plus other facts (flight, crash, intoxication, visible vial) gave a fair probability contraband was in trunk; Patino distinguished |
| Excessiveness of sentence / failure to find mitigating factor (b)(4) | Sentence within plea agreement and supported by aggravating factors; sentencing court properly weighed factors | Judge erred by not finding substantial grounds tending to excuse or justify conduct (mitigating factor (b)(4)); sentence excessive | Sentence affirmed: within permissible range, supported by competent credible evidence (aggravating factors), not shocking to judicial conscience |
Key Cases Cited
- State v. Patino, 83 N.J. 1 (patrol-car discovery of small marijuana amount cannot alone support inference of trunk cache)
- State v. Kahlon, 172 N.J. Super. 331 (App. Div.) (officer smelling marijuana in vehicle and finding additional marijuana in passenger area supported probable cause to search trunk)
- State v. Guerra, 93 N.J. 146 (odor of marijuana emanating from vehicle made it reasonable to obtain warrant to search trunk)
- State v. Chippero, 201 N.J. 14 (probable cause inquiry limited to four corners of affidavit; reviewing court defers to warrant judge)
- State v. Marshall, 199 N.J. 602 (probable cause standard: fair probability contraband will be found in a place)
- State v. Keyes, 184 N.J. 541 (courts accord substantial deference to warrant-issuing judge)
- State v. Jones, 179 N.J. 377 (searches pursuant to a warrant are presumed valid)