STATE OF NEW JERSEY VS. JASON E. MOOREÂ (12-12-1139, CUMBERLAND COUNTY AND STATEWIDE), A-5760-14T1

Background

Defendant Jason E. Moore was indicted on multiple charges arising from the death, concealment and later dismemberment of Ervin M. Harper and from marijuana cultivation/distribution; he pleaded guilty to aggravated manslaughter (count one) and disturbing/desecrating human remains (count four) pursuant to a plea agreement and was sentenced to 20 years plus a consecutive 5 years.
Prior to pleading, police obtained two search warrants (Feb. 5, 2011 and Mar. 11, 2011); defendant moved to suppress evidence obtained by those warrants. The appeal challenges denial of suppression and challenges the consecutive sentence under Yarbough.
The first warrant affidavit (Detective Breslin) relied on information from Harper’s girlfriend (Queen Lindsey), relatives, cell‑phone records showing Harper stopped answering in mid‑January, defendant’s past arrest for an indoor grow, Lindsey’s first‑week‑January first‑hand description of a hydroponic grow in Moore’s garage, and inconsistent statements by Moore about Harper’s whereabouts.
The affidavit argued an ongoing marijuana operation and that Harper’s abrupt silence suggested homicide or kidnapping; police failed to locate Harper in hospitals or jails and recorded inconsistent statements by Moore; Breslin also relied on his training about marijuana grow cycles and prior 2008 grow on the property.
The trial court denied suppression; the Appellate Division reviewed whether the warrant information was stale and whether probable cause existed, and whether the sentencing judge complied with Yarbough factors when imposing consecutive sentences.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity / staleness of first search warrant	Affidavit contained recent, corroborated facts (cell records, eyewitness descriptions, inconsistent statements, prior grow arrest) showing ongoing marijuana operation and disappearance—supporting probable cause	Information was stale and insufficiently linked Moore/premises to Harper’s disappearance; thus warrant lacked probable cause	Warrant valid: totality of circumstances, corroboration and grow‑operation details showed ongoing activity and a fair probability evidence would be found; not stale
Validity of second search warrant	Second warrant was independently supported (but court resolved without reaching it because the first was valid)	Second warrant is fruit of an illegal first search and must be suppressed if first invalid	Court declined separate analysis because second relied on items lawfully obtained under a valid first warrant
Suppression doctrine (fruit of poisonous tree)	If first warrant valid, evidence from second is not tainted	If first warrant invalid, evidence from second is tainted per Wong Sun/Barry	First warrant valid; suppression denied; bootstrapping doctrine not reached further
Yarbough consecutive‑sentencing compliance	Sentencing judge complied with required Yarbough analysis and provided reasons for consecutive sentences	Sentencing court failed to follow Yarbough guidance, requiring remand	No remand: judge articulated reasons (no "free crimes," independence of offenses, separate acts/places/weapons/times and independent motive to conceal), and omission of some factors was immaterial on these facts

Key Cases Cited

State v. Yarbough, 100 N.J. 627 (judge must consider Yarbough factors when deciding consecutive vs concurrent sentences)
Illinois v. Gates, 462 U.S. 213 (totality‑of‑the‑circumstances test for probable cause and informant reliability)
State v. Smith, 155 N.J. 83 (application of Gates in NJ; evaluate veracity and basis of knowledge of informants)
State v. Novembrino, 105 N.J. 95 (substantial basis for magistrate’s probable cause determination; corroboration and training‑based inferences)
State v. Jones, 179 N.J. 377 (presumption of validity for warrants; defendant’s burden to overcome probable cause)
Wong Sun v. United States, 371 U.S. 471 (fruit‑of‑the‑poisonous‑tree/attenuation principles)