STATE OF NEW JERSEY VS. CORY L. CURE(14-03-0591 AND 14-12-3067, OCEAN COUNTY AND STATEWIDE), A-2373-15T1

Defendant Corey Cure was stopped by Officer Mantz on Jan 11, 2014 after being observed walking in the middle of the street; Mantz initiated a field inquiry and asked for identification.
Mantz observed defendant acting nervous, having trouble with eye contact and speech, repeatedly placing his hands in his pockets, and saw a black metal object protruding from defendant's right front pocket.
Mantz conducted a pat-down after observing the object and, feeling it, identified and removed metal (brass) knuckles; defendant was arrested and charged with weapons offenses.
Separately, on Sept 24, 2014, while reporting to probation and setting off a metal detector, defendant threw a small foil-wrapped paper to the ground, picked it up at an officer's direction, and then swallowed it; a grand jury indicted him for tampering with evidence.
At the suppression hearing the judge credited the officer’s testimony, denied suppression of the knuckles, and denied the motion to dismiss the tampering indictment; defendant pled guilty to possession (metal knuckles) and tampering and appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop/frisk that produced the metal knuckles was unlawful	Mantz had reasonable, articulable suspicion after observing defendant in roadway, his demeanor, and object protruding; frisk was lawful for officer safety	Initial encounter was a noncustodial field inquiry and escalated without sufficient suspicion; frisk exceeded scope	Affirmed: field inquiry escalated to Terry stop when officer observed object and behavior; frisk and seizure were lawful
Whether swallowing/disposing of foil-wrapped item at a courthouse security checkpoint supports tampering conviction	Defendant’s act of throwing and swallowing the item showed intent to impair availability of evidence in an investigation	The checkpoint encounter did not amount to a pending or imminent official investigation; defendant lacked belief an investigation or proceeding was about to be instituted	Reversed: insufficient evidence that defendant believed an official proceeding or investigation was pending or about to be instituted; tampering conviction vacated

State v. Gonzales, 227 N.J. 77 (2016) (standard of appellate review for suppression factual findings)
State v. Gamble, 218 N.J. 412 (2014) (upholding trial-court factual findings supported by credible evidence)
Terry v. Ohio, 392 U.S. 1 (1968) (authority for investigatory stops and protective frisks)
State v. Mendez, 175 N.J. 201 (2002) (elements of tampering do not require proving that the item destroyed was contraband)
State v. Contreras, 326 N.J. Super. 528 (App. Div. 1999) (field inquiry may convert to investigative detention when officer asks about contraband)