STATE OF NEW JERSEY VS. THOMAS T. JONES(14-04-0385, MORRIS COUNTY AND STATEWIDE), A-3139-15T4

Officers stopped Jones's vehicle and smelled burnt marijuana; Jones signed a consent-to-search form and officers found marijuana "shake" in the interior.
Officer Ambrosi opened the trunk area; Jones closed the trunk, objected to further searching, and police summoned a K-9 unit.
Detective Rawa and K-9 Reno arrived; Rawa's report stated K-9 Reno positively indicated the presence of a controlled dangerous substance at the partially open driver window twice.
Jones declined to consent to further search; police impounded the vehicle and obtained a warrant to search the entire vehicle based on an affidavit claiming a K-9 exterior indication.
The trunk search under the warrant revealed a loaded defaced handgun and under fifty grams of marijuana; Jones moved to suppress and requested a Franks hearing alleging the affidavit omitted that K-9 alerts were limited to the front passenger area and not the trunk.
The trial court denied suppression and a Franks hearing; Jones pled guilty to second-degree unlawful possession of a firearm, was sentenced under the Graves Act, and appealed the denial of the Franks hearing and his sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a Franks hearing was required to test alleged omissions in the warrant affidavit	State: affidavit provided probable cause (marijuana in car interior + K-9 indication) to search entire vehicle including trunk	Jones: affidavit omitted material facts—K-9 alerts were limited to interior/front area and did not indicate trunk or exterior—so probable cause for trunk search was lacking	Remanded for a Franks hearing to resolve discrepancies about where K-9 alerted and whether omissions vitiate probable cause for trunk search
Whether the Graves Act sentence was excessive	State: sentence within statutory range and justified by aggravating factors	Jones: sentence is manifestly excessive and unduly punitive	Sentence affirmed; court found sentencing guidelines followed and findings supported by record

Franks v. Delaware, 438 U.S. 154 (establishes when a defendant is entitled to a hearing to challenge false statements or material omissions in a warrant affidavit)
State v. Patino, 83 N.J. 1 (limits scope of vehicle searches; warrantless trunk searches not justified by small amounts of interior marijuana)
State v. Keaton, 222 N.J. 438 (search must be limited to where items can reasonably be expected to be found)
State v. Smith, 212 N.J. 365 (describes Franks hearing purpose in New Jersey)
State v. Howery, 80 N.J. 563 (Franks standards applied in New Jersey)
State v. Stelzner, 257 N.J. Super. 219 (omissions in affidavits can trigger Franks protections)