STATE OF NEW JERSEY VS. ELTEREKE DANIELS(15-02-0409, ESSEX COUNTY AND STATEWIDE), A-2024-15T1

At 3:30 a.m. officers stopped Daniels for erratic driving and conducted field sobriety tests; a woman and child remained in the car.
Officer Cohen positioned himself between the patrol car and defendant's vehicle and scanned Daniels with a flashlight as Daniels walked into position for testing.
Cohen testified he saw a handgun butt protruding from Daniels's waistband at the right-front of his body, allowed Daniels to assume position for the test, then removed the weapon; two loaded magazines were later found in pants pocket.
Daniels testified the gun was completely hidden under his untucked shirt and unzipped jacket and said an officer asked if he had anything on him before searching.
The trial judge credited Cohen over Daniels, noting Daniels had lied when asked whether he had anything on him, and ruled the plain-view exception supported the warrantless seizure.
Daniels appealed the denial of his suppression motion, arguing the judge’s credibility findings were illogical and that the plain-view exception did not apply.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrantless seizure of the gun was justified under the plain-view exception	Officer lawfully in viewing area; gun was inadvertently observed and immediately apparent as contraband	Officer admitted asking if Daniels had anything, which suggests he did not actually see the gun before asking, so plain view not satisfied	Affirmed: judge’s credibility findings supported; plain-view exception satisfied under the pre-Gonzales law applied here
Whether trial court’s credibility determinations were irrational or unsupported	Credibility determinations entitled to deference; judge relied on defendant’s prior lie to officer	Credibility finding was ‘‘fundamentally illogical’’ and ‘‘fatally flawed’’	Affirmed: appellate court defers to trial court where record contains sufficient credible evidence

State v. Elders, 192 N.J. 224 (addresses appellate deference to trial-court factfinding and credibility determinations)
State v. Locurto, 157 N.J. 463 (trial-court credibility findings entitled to deference)
State v. Earls, 214 N.J. 564 (sets elements of plain-view exception)
State v. Mann, 203 N.J. 328 (earlier articulation of plain-view requirements)
State v. Gonzales, 227 N.J. 77 (prospectively eliminated inadvertent discovery as basis for plain-view seizures)