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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, 2017
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Background

  • 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)
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Case Details

Case Name: STATE OF NEW JERSEY VS. DAMEION L. EDGERTON (14-04-0718, MONMOUTH COUNTY AND STATEWIDE)
Court Name: New Jersey Superior Court Appellate Division
Date Published: May 30, 2017
Docket Number: A-5704-14T1
Court Abbreviation: N.J. Super. Ct. App. Div.