State v. Gibson
425 N.J. Super. 523
| N.J. Super. Ct. App. Div. | 2012Background
- Defendant Gibson was charged in 2008 and 2009 with various CDS offenses; he moved to suppress evidence from the 2008 arrest.
- The suppression motion followed an arrest for defiant trespass at the Omega Community Center in Burlington City.
- An evidentiary hearing occurred; the trial court denied suppression, and Gibson later pled guilty to CDS possession with intent to distribute.
- At issue is whether the arresting officer had probable cause to arrest for defiant trespass based on notice posted at the Omega facility.
- The owner posted a 'No Loitering' sign, not a 'No Trespassing' sign, yet the officer arrested Gibson after a brief encounter.
- At the police station, a clear plastic baggie containing thirteen bags of crack cocaine was found, prompting the suppression dispute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion or probable cause for the stop/arrest for defiant trespass? | State argues notice adequacy and surrounding facts supported stop and arrest. | Gibson contends lack of proper notice and insufficient totality of circumstances for stop/arrest. | Probable cause existed; stop/arrest valid. |
| If probable cause existed, was the search at the station lawful without bail post-arrest? | State contends warrantless search was permissible as incident to arrest. | Gibson asserts the search at the station violated rights due to no opportunity to post bail. | Search at station not barred; suppression denied. |
| Should the sentence be reconsidered if the 2008 suppression issue is reversed on appeal? | State appellate remedy contemplates no remand for sentence reconsideration if issue unresolved. | Gibson requests remand for reevaluation of the 2009 sentence if reversal occurs. | Remand not warranted; issue not meriting discussion. |
Key Cases Cited
- State v. Rodriguez, 172 N.J. 117 (2002) (reasonable suspicion standard under Terry and New Jersey precedent)
- State v. Elders, 192 N.J. 224 (2007) (expanded framework for encounters and probable cause)
- State v. Ciancaglini, 204 N.J. 597 (2011) (strict construction of penal statutes with reasonable interpretations)
- State v. Dangerfield, 171 N.J. 446 (2002) (notice language and trespass statutes; posting implications)
- State v. Pierce, 175 N.J. Super. 149 (Law Div. 1980) (trespass statute applicability with signage considerations)
- State in the Interest of J.M., 339 N.J. Super. 244 (App. Div. 2001) (sign wording sufficiency for notice to trespass)