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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, 2017
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Background

  • 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)
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Case Details

Case Name: STATE OF NEW JERSEY VS. PEDRO J. GOMEZ Â (14-12-0674, SALEM COUNTY AND STATEWIDE)
Court Name: New Jersey Superior Court Appellate Division
Date Published: May 31, 2017
Docket Number: A-3414-15T2
Court Abbreviation: N.J. Super. Ct. App. Div.