STATE OF NEW JERSEY VS. JUAN A. REYES (18-06-0965, ATLANTIC COUNTY AND STATEWIDE), A-4096-19

Reyes pleaded guilty to second-degree cocaine possession with intent to distribute, third-degree methamphetamine possession with intent to distribute, and second-degree cocaine distribution after a judge denied his motion to suppress.
Affidavit described two controlled buys arranged by the detective: one on January 21 and another during the week of March 18; the CI was searched and given money, and meeting places were prearranged; the second buy occurred at Reyes's home.
The detective, relying on training and experience, described the substances and packaging as consistent with crack cocaine but did not perform field chemical tests; the affidavit detailed Reyes's criminal history but not prior CI reliability.
A search warrant was issued days after the second buy and officers seized cocaine and methamphetamine at Reyes's home.
At sentencing the judge found aggravating factors 3, 6, and 9, no mitigating factors, and imposed negotiated concurrent terms including a five-year parole ineligibility period; Reyes appealed suppression denial and the parole-ineligibility term.

Issue	State's Argument	Reyes's Argument	Held
Probable cause timeliness (delay between controlled buy and warrant)	The buys were arranged and the warrant issued only days after the second buy, so probable cause did not lapse	The delay made the affidavit stale and could not support a search of the home	Delay was inconsequential given arranged buys, officer experience, and defendant's record; probable cause remained
Lack of chemical testing of bought substances	Officer's detailed description and training sufficed to establish probable cause without lab/field tests	Without chemical testing, affidavit could not reliably show CDS and thus lacked probable cause	Chemical analysis not required for probable cause; officer's observations and packaging description were adequate
Legality of five-year parole ineligibility	State suggested Graves Act/history might justify parole ineligibility (not on record)	Parole ineligibility under N.J.S.A. 2C:43-6(b) requires aggravating factors to substantially outweigh mitigating factors and cannot exceed half the base term; here only preponderance found	Court held parole ineligibility was unauthorized (no substantial outweighing shown and no record support); vacated sentence and remanded for lawful parole-ineligibility determination

State v. Boone, 232 N.J. 417 (discusses review standard for suppression and deference to warrant determinations)
State v. Scriven, 226 N.J. 20 (framework for evaluating suppression motions)
State v. Elders, 192 N.J. 224 (standard for overturning factual findings on suppression)
State v. Jones, 179 N.J. 377 (deference to issuing judge on warrant determinations)
State v. Case, 220 N.J. 49 (parole ineligibility requires aggravating factors to substantially outweigh mitigating factors)
State v. R.K., 463 N.J. Super. 386 (App. Div. 2020) (illegal sentence may be corrected at any time)