Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Probasco

Decided: October 15, 1987.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
DAVID PROBASCO, DEFENDANT-RESPONDENT



On appeal from Superior Court of New Jersey, Law Division, Ocean County.

Furman and Brody. The opinion of the court was delivered by Brody, J.A.D.

Brody

This is a drug prosecution.*fn1 We granted the State leave to appeal an order granting defendant's motion to suppress drugs that were seized during a warrantless search of his automobile.

County detective Jeffrey Bissey was the only witness at the suppression hearing. He testified that he was assigned to participate in a municipal police surveillance and possible arrest of a person suspected of distributing drugs. He arrived at the municipal police station about 5:30 p.m. Local officers advised him that between 8:00 p.m. and 10:00 p.m. that night a white male named David would drive a maroon Ford to a stated address in the municipality to deliver drugs. David would be alone and "possibly armed." The source of the information was an informant whose inherent reliability was not established in this record. The local police also told Bissey that the stated address was in a neighborhood known for illegal drug activity.

Bissey joined the local officers in a surveillance of the address. About 9:00 p.m. defendant, a white male, arrived alone in a maroon Ford and parked in front of the suspect address. He entered the building, returned to his vehicle about a half-hour later and drove away.

Bissey followed defendant in an unmarked car. While taking a circuitous route out of the neighborhood, defendant ran a stop sign whereupon Bissey stopped him for the traffic violation.

Bissey testified that as defendant was bringing his car to a stop he observed him lean forward towards the center of his vehicle and appear "to place something in that area."*fn2

In the course of a patdown immediately after the stop, Bissey found a hunting knife in defendant's belt. When asked for his driving credentials, defendant produced a driver's license showing that his first name is David. Bissey then searched the area under the dashboard of defendant's automobile where it appeared to Bissey that defendant had secreted something while bringing the automobile to a stop. Jammed between the radio and the dashboard housing was an arm band that contained a zippered compartment. After feeling something inside, Bissey opened the zipper and found a quantity of methamphetamine, the evidence defendant seeks to suppress.

During the hearing the judge expressed concern over the failure of the police to obtain an anticipatory search warrant in view of the several hours they had to do so between the time when they received the informant's information and the time when the suspect was expected to appear at the stated address. See State v. Marsh, 162 N.J. Super. 290 (Law Div.1978), aff'd sub nom. State v. Williams, 168 N.J. Super. 352 (App.Div.1979) (cited with approval, though distinguished, in State v. Bell, 195 N.J. Super. 49, 53-56 (App.Div.1984)). In reaching his findings, however, the judge was satisfied that the police did not have probable cause to obtain a warrant because they lacked evidence that the informant was inherently reliable.

The judge then ruled that because the police could not demonstrate the informant's inherent reliability, the information he provided was not only unavailable to establish probable cause to obtain an anticipatory warrant to search defendant's automobile for drugs, but also unavailable to establish probable cause for a later warrantless search. He expressed the ruling as follows:

Let me say to you that I am going to rule, and I hereby rule that I am not going to consider in any way, shape or form anything that was said by that informant ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.