STATE OF NEW JERSEY VS. PEDRO J. GOMEZ Â (14-12-0674, SALEM COUNTY AND STATEWIDE)
A-3414-15T2
| N.J. Super. Ct. App. Div. | May 31, 2017Background
- Defendant Pedro J. Gomez pleaded guilty to third-degree possession of a CDS after police denied his suppression motion and discovered drugs following a vehicle stop and search.
- Detective Petrutz received two calls from a confidential informant: first that a Hispanic man driving a silver four-door Ford would deliver heroin to the Pilot Truck Stop at 11:15 a.m.; second call added a detailed physical and clothing description (approx. 5'7", 130 lbs., braided hair, tattoos, pink baseball cap and pink shirt).
- The detective set up surveillance at the truck stop; the informant was present and positively identified the arriving silver Ford and its driver as the same person described.
- A passenger exited and walked around (detective suspected counter-surveillance), visited the store, then returned; defendant also entered/left the store; neither purchased anything or was seen carrying packages.
- Officer approached with lights activated (signaling defendant was not free to leave), asked the driver to exit, searched the vehicle, and found the drugs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the informant's tip provided reasonable suspicion for an investigatory stop | Tip from a proven informant, corroborated by detective (vehicle, timing, physical/clothing description), gave articulable suspicion | Tip lacked sufficient basis of knowledge and specificity to justify the stop | Court held the tip, corroborated and from a previously reliable informant, provided reasonable suspicion to stop |
Key Cases Cited
- State v. Rockford, 213 N.J. 424 (discusses deference to trial court fact findings in suppression rulings)
- State v. Davis, 104 N.J. 490 (articulable suspicion standard for investigatory stops and totality-of-circumstances analysis)
- State v. Smith, 155 N.J. 83 (informant-tip reliability evaluated under veracity and basis-of-knowledge factors in the Gates framework)
- Illinois v. Gates, 462 U.S. 213 (adopts flexible totality-of-the-circumstances test for informant tips)
- State v. Birkenmeier, 185 N.J. 552 (informant’s specific, corroborated tip upheld as supporting reasonable suspicion)
- State v. Novembrino, 105 N.J. 95 (prior reliable use of an informant can establish veracity even without detailed past-tip descriptions)
- State v. Williams, 364 N.J. Super. 23 (basis-of-knowledge can be shown by predictions of hard-to-know future events)
- State v. Gamble, 218 N.J. 412 (level of suspicion required for stop is less than probable cause but not a mere hunch)
- State v. Nishina, 175 N.J. 502 (officer’s experience and knowledge are relevant in assessing reasonable suspicion)
