STATE OF NEW JERSEY VS. DAMEION L. EDGERTON (14-04-0718, MONMOUTH COUNTY AND STATEWIDE)
A-5704-14T1
| N.J. Super. Ct. App. Div. | May 30, 2017Background
- Early morning (≈2:30 a.m.) crowd-control operation near Mr. Pizza in a high-crime Asbury Park area known for drug activity and gun violence.
- Officers William Whitley and Daryl Whitley heard four gunshots from the Ivy Place area; William ran toward the sound and observed defendant walking calmly toward a parked car, looking over his shoulder.
- William Whitley knew defendant by street name and of a prior history involving drugs and a firearm; based on proximity to the shots, defendant’s behavior, and neighborhood dangers, William drew his weapon, ordered defendant to the ground, and observed a handgun handle protruding from defendant’s rear pocket.
- Officers seized the handgun, arrested defendant, and a search incident to arrest recovered $3,648; Detective Campos observed what appeared to be cocaine in the driver door panel and center console in plain view.
- The vehicle was towed; the lessee later consented to a search at the station that uncovered additional cocaine in the trunk.
- Defendant moved to suppress all evidence as fruit of an unlawful Terry stop and frisk; the trial court denied suppression after crediting officers’ testimony; defendant pleaded guilty and appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial stop and frisk were reasonable under Terry | The stop and protective frisk were supported by reasonable and articulable suspicion given shots fired, defendant’s proximity, suspicious demeanor, and officer knowledge of defendant’s history | The stop and frisk were unjustified; seizure of the gun and subsequent evidence were fruit of an unlawful seizure | Affirmed: trial court’s factual findings supported reasonable suspicion and lawful frisk/search |
| Whether plain-view observations and later consent search were tainted by any alleged unlawful stop | Plain-view observation of drugs in the car and later voluntary consent search were independent, lawful bases for seizing evidence | Evidence should be suppressed as fruit of an illegal stop and frisk | Affirmed: plain-view and consent searches were valid and not fruit of unlawful conduct |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes investigatory stop and protective frisk standard)
- State v. Elders, 192 N.J. 224 (2007) (appellate deference to trial court factual findings on suppression)
- State v. Johnson, 42 N.J. 146 (1964) (importance of trial judge’s opportunity to observe witness credibility)
- State v. Handy, 206 N.J. 39 (2011) (review limits; appellate courts should not disturb findings simply because they might have reached a different conclusion)
- State v. Hubbard, 222 N.J. 249 (2015) (trial court findings only overturned if clearly mistaken)
