SEARCH WARRANT INSUFFICIENT
On January 29, 2008 the New Jersey Appellate Division in State v. Marshall decided that the trial judge erred in denying a suppression motion with regard to a search warrant that was issued without sufficient specificity.
The police were investigating Allen Daniels, a suspected New Jersey drug dealer. Daniels and another individual were observed by police entering 105 Wayne Avenue in Trenton, and soon thereafter, police saw Daniels and the defendant walk out and drive away.
Based on this information, the police applied to a Superior Court judge for a search warrant. The problem arose when it was determined that there were actually two separate units inside 105 Wayne Avenue and the police did not know which one Daniels lived in. The police requested a search warrant for the apartment “to which Daniels has possession, custody, control or access.”
The Judge issued a search warrant for the 105 Wayne Avenue apartment that was in Daniels’ possession or control, but “only if” probable cause could be established after the police “secured Daniels” and a search of him revealed documents, keys, or information that would identify which unit was in his possession or control.
Daniels was ultimately apprehended and the police then determined that he stayed in the first-floor apartment on Wayne Avenue. They then executed the search warrant and found incriminating drug evidence within his apartment.
The Appellate Division held that the warrant was unconstitutional because it was issued despite the judge’s implicit finding that the place to be searched was not sufficiently described and because the judge thereafter directed the police to ascertain the facts needed to accurately describe the place to be searched without further judicial oversight or review. This methodology violated the “neutral and detached magistrate” constitutional requirement.
Many criminal cases offer fact patterns that lend themselves to motions to suppress. If you have been charged with a crime, it is imperative that you have an aggressive New Jersey Criminal Defense attorney represent you. Call the lawyers at Lependorf & Silverstein for a free consultation.
