STATE OF NEW JERSEY VS. LEE H. CALHOUN (13-05-1342 AND 14-02-0372, OCEAN COUNTY AND STATEWIDE)
A-0172-15T3
| N.J. Super. Ct. App. Div. | Jun 13, 2017Background
- Defendant was stopped for allegedly tinted windows; stop based on N.J.S.A. 39:3-74 tinting prohibition and police observed marijuana odor during stop.
- Defendant exited vehicle; heavy tint observed by back-up officer and marijuana odor detected from inside the car.
- Defendant’s pat-down occurred after he acted agitated and kept a hand near his pocket; a folding knife was recovered.
- Consent to search the vehicle was requested but refused; defendant was arrested and a full search of person and vehicle occurred.
- A K-9 drug sniff of the vehicle yielded a positive indication; a search warrant was issued and cocaine, marijuana, oxycodone, and paraphernalia were seized.
- Judge Blaney denied suppression; the appellate court reviews factual findings deferentially and considers legality of stop and pat-down de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial stop supported by reasonable suspicion under Prouse? | Calhoun | Calhoun | Stop justified; tinted windows provided reasonable suspicion. |
| Was the pat-down search of Calhoun justified as a protective search? | State | Calhoun | Pat-down supported by totality of circumstances; permissible protective search. |
Key Cases Cited
- Delaware v. Prouse, 446 U.S. 648 (U.S. 1979) (definition of reasonable suspicion for vehicle stops)
- State v. Cohen, 347 N.J. Super. 375 (App. Div. 2002) (vehicle tinting impairs vision under N.J.S.A. 39:3-74)
- State v. Williamson, 138 N.J. 302 (1994) (stops focus on whether statutorily prohibited conduct occurred)
- State v. Judge, 275 N.J. Super. 194 (App. Div. 1994) (odor of drugs creates basis for probable cause)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (permissible protective pat-down when armed danger suspected)
- State v. Elders, 192 N.J. 224 (2007) (standard for reviewing suppression factual findings)
- State v. Johnson, 42 N.J. 146 (1964) (deference to trial court factual findings on suppression)
- State v. Handy, 206 N.J. 39 (2011) (deference principle in appellate review of suppression)