State of New Jersey v. Robert L. Evans
155 A.3d 580
| N.J. Super. Ct. App. Div. | 2017Background
- Police arrested Robert L. Evans on an outstanding warrant (later shown to be a $6.50 traffic fine) after he drove off a motel property; he was not under investigation for drugs.
- During a search incident to arrest at the scene, Officer Laboy recovered about $2,000 and felt a bulge in Evans's groin; the officer manipulated the bulge and suspected drugs.
- Sergeant Landi authorized a strip search; at the station Laboy unbuckled Evans's pants and retrieved two rocks of crack cocaine and nine small heroin bags.
- Officers later obtained a search warrant for the vehicle; execution yielded a .38 revolver and hollow-point bullets.
- Evans was convicted on multiple drug and weapons counts; he appealed, challenging the strip search, the plain-feel justification, suppression of vehicle evidence as fruit of the poisonous tree, shackling at trial, and other trial issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of strip search that produced drugs | Strip search justified by probable cause from bulge and plain-feel exception; station commander authorized search | Strip search unlawful because arrest was for a non‑criminal warrant and statutory protections bar such searches absent warrant/consent | Strip search unlawful; drugs suppressed (statutory protections and lack of recognized exception) |
| Application of the "plain feel" exception | Officer lawfully felt a bulge and immediately recognized it as contraband, triggering plain-feel exception | Plain-feel cannot justify a strip search here; officer did not show the contraband was "immediately apparent" without probing | Plain-feel did not apply: officer manipulated the bulge and did not demonstrate immediate apparentness; exception unavailable to justify strip search |
| Objective reasonableness & compliance with AG Guidelines | Probable cause and station approval made the search reasonable | Officer could have learned warrant basis, obtained a warrant, or followed AG Guidelines; no exigency existed | Search was not objectively reasonable; officers failed to follow Attorney General Guidelines and had time to obtain a warrant |
| Seizure from vehicle (fruit of poisonous tree) | Vehicle search was supported by a valid warrant and independent K-9 hit | Vehicle evidence was tainted by the unlawful strip search and should be suppressed | Remanded for a hearing to determine whether the vehicle search was sufficiently attenuated or otherwise purged of taint; convictions based on vehicle evidence reversed pending that hearing |
Key Cases Cited
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain‑feel doctrine requires the contraband's character to be immediately apparent)
- State v. Hayes, 327 N.J. Super. 373 (App. Div. 2000) (strip‑search statute affords protections beyond the Fourth Amendment)
- State v. Jackson, 276 N.J. Super. 626 (App. Div. 1994) (New Jersey adoption of the plain‑feel/plain‑touch corollary)
- Wong Sun v. United States, 371 U.S. 471 (1963) (fruit‑of‑the‑poisonous‑tree/attenuation analysis)
- State v. Gonzales, 227 N.J. 77 (2016) (plain‑view criteria under Article I, ¶7; lawful presence and immediately apparent evidence)
- State v. Shaw, 213 N.J. 398 (2012) (application of exclusionary rule and analysis of fruit of the poisonous tree)