STATE OF NEW JERSEY VS. ARMANDO RAMOSÂ (0027-15, ATLANTIC COUNTY AND STATEWIDE)
A-0548-16T3
| N.J. Super. Ct. App. Div. | Jun 26, 2017Background
- Officer on traffic detail at night for Route 54 road construction monitored intersections A and B to prevent northbound traffic past a closure.
- At ~2:00 a.m. defendant turned from Chew Road into Route 54 by driving around two DOT-approved barrels and a road-closed sign, entering the wrong (northbound) lane toward Intersection A.
- Officer walked into the intersection, motioned for defendant to stop, approached the driver’s window, smelled alcohol, and observed defendant fumble with identification.
- Defendant was charged with DWI and other motor-vehicle offenses; he moved to suppress evidence from the stop. Municipal judge denied suppression based on reasonable suspicion and the community-caretaker exception.
- Law Division reversed suppression, finding the officer overstepped because the road-closed violation could not be sustained and the judge speculated a driver might not have noticed the sign.
- Appellate Division reversed the Law Division: it held the officer reasonably perceived abnormal driving (maneuvering around barrels into the wrong lane) and permissibly stopped the vehicle under the community-caretaker exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop justified under the community-caretaker exception? | Officer observed abnormal driving around barricades and into the wrong lane, creating a safety risk; stop was valid. | Officer lacked objective basis; driver could reasonably have not known road was closed, so community-caretaker exception doesn't apply. | Yes. From the officer’s perspective the maneuver was abnormal and posed a safety hazard, justifying the stop. |
| Should suppression be evaluated from officer’s perspective or defendant’s? | Assessment should be from the officer’s on-scene perspective and totality of circumstances. | Law Division improperly evaluated from a hypothetical defendant perspective. | Officer’s perspective controls; Law Division misapplied the standard. |
| Did municipal judge’s factual findings merit deference? | Officer’s unrebutted testimony supports factual findings. | Law Division reinterpreted facts to favor defendant. | Credible, unrebutted facts support reversing Law Division; legal conclusions by trial court subject to review. |
| Does the inability to sustain a road-closed charge defeat the community-caretaker justification? | No; abnormal vehicle operation alone can justify a caretaker stop even if statutory closure cannot be proved. | Yes; absence of a provable moving violation undermines justification. | No. Abnormal operation that creates safety concerns suffices regardless of whether a specific statutory violation is proved. |
Key Cases Cited
- State v. Bogan, 200 N.J. 61 (2009) (police perform both law-enforcement and community-caretaking functions)
- State v. Diloreto, 180 N.J. 264 (2004) (distinguishing officer motive between law enforcement and community caretaking)
- State v. Martinez, 260 N.J. Super. 75 (App. Div. 1992) (slow, abnormal vehicle operation at night can justify a caretaker stop)
- State v. Washington, 296 N.J. Super. 569 (App. Div. 1997) (abnormal vehicle operation establishes objective basis for stop)
- State v. Goetaski, 209 N.J. Super. 362 (App. Div. 1986) (driving slowly on shoulder with signals justified stop under caretaker rationale)
