STATE OF NEW JERSEY VS. JAMES A. BAILEYÂ (13-10-1303, MERCER COUNTY AND STATEWIDE)
A-4998-14T3
| N.J. Super. Ct. App. Div. | May 12, 2017Background
- On July 22, 2013 Trenton detectives in an unmarked car responded to a radio/9-1-1 report of a bald Black male in a white T-shirt and blue jeans walking with a pit bull and carrying a gun in a high‑crime area.
- Detectives arrived quickly, canvassed, and within about 30 seconds observed defendant matching the description standing by a bodega in a group.
- Detectives parked, exited with firearms drawn (wearing polos with patches and ballistic vests), and ordered the group to stop; one detective told someone to grab the pit bull.
- As officers approached, defendant began walking to a bicycle; an officer grabbed his waistband, defendant reached into his waistband and handed a gun to the officer.
- Defendant was indicted for unlawful possession of a handgun and related charges, moved to suppress the gun as the product of an unlawful seizure, pled guilty to being a prohibited person in possession of a firearm while preserving the suppression issue, and was sentenced to five years with five years parole ineligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable, particularized suspicion to justify an investigatory stop (Terry stop) based on the 9‑1‑1/radio tip and surrounding facts | The 9‑1‑1/radio tip—soon corroborated by officers' quick arrival, defendant matching the detailed description, location in a high‑crime area, and defendant’s startled/flight reaction—provided reasonable suspicion to detain and frisk | The stop was based on an uncorroborated anonymous tip and therefore insufficient to justify the seizure; suppression required | Affirmed: totality of circumstances (9‑1‑1 tip, timely arrival, matching description, high‑crime area, corroboration by canvass, defendant’s reaction) gave reasonable suspicion for the investigative stop and for officers to draw weapons while approaching |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes investigative stop standard)
- United States v. Hensley, 469 U.S. 221 (officers may take reasonable steps for safety when suspect reported armed)
- Florida v. J.L., 529 U.S. 266 (anonymous tip lacking corroboration insufficient to justify stop)
- Schneckloth v. Bustamonte, 412 U.S. 218 (warrantless searches presumed invalid; State bears burden to show an exception applies)
- State v. Golotta, 178 N.J. 205 (9‑1‑1 calls carry special reliability; three‑prong test for investigative detention based on 9‑1‑1 tip)
- State v. Gamble, 218 N.J. 412 (anonymous 9‑1‑1 tip with sufficient identifying detail can support reasonable suspicion)
