On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 02-10-3458.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 7, 2008
Before Judges Stern, Collester and C. L. Miniman.
Defendant was indicted for possession of a handgun without a permit, possession of hollow-nose bullets and possession of a handgun as a convicted felon. After denial of his motion to suppress, he was found guilty of the permit violation, but not the possession of the bullets.*fn1 The convicted-felon violation count was severed and ultimately dismissed,*fn2 and defendant was sentenced to a seven-year extended term on the permit offense with three and-a-half years to be served before parole eligibility.*fn3 The State acknowledges that defendant is entitled to resentencing under State v. Pierce, 188 N.J. 155 (2006).
On this appeal defendant argues:
POINT I: TRIAL COURT ERRED IN NOT SUPPRESSING THE EVIDENCE SEIZED FROM DEFENDANT BECAUSE THE POLICE HAD NO PROBABLE CAUSE TO ARREST DEFENDANT IN VIOLATION OF THE DEFENDANT'S CONSTITUTIONAL RIGHT UNDER THE NEW JERSEY AND UNITED STATES CONSTITUTIONS.
A. THE POLICE HAD NO PROBABLE CAUSE TO ARREST DEFENDANT UNDER THE TOTALITY-OFTHE-CIRCUMSTANCES TEST.
B. THE CAMDEN ANTI-CRIME PARTNERSHIP LAW ENFORCEMENT OFFICERS ARRESTED DEFENDANT ON A MERE HUNCH IN VIOLATION OF THE WARRANT CLAUSE OF THE UNITED STATES AND NEW JERSEY CONSTITUTIONS.
C. DEFENDANT'S SEARCH WAS NOT INCIDENT TO A LAWFUL ARREST.
POINT II: TRIAL COURT ERRED IN NOT SUPPRESSING THE EVIDENCE SEIZED FROM THE GREEN CHEVY CAVALIER BECAUSE THE SEARCH OF THE AUTOMOBILE WAS UNLAWFUL AND INVALID IN VIOLATION OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS UNDER THE UNITED STATES AND NEW JERSEY CONSTITUTIONS.
A. THE WARRANTLESS SEARCH OF THE GREEN CHEVY CAVALIER CANNOT BE VALIDATED UNDER THE PLAIN VIEW EXCEPTION.
B. THE WARRANTLESS SEARCH OF THE GREEN CHEVY CAVALIER CANNOT BE VALIDATED UNDER THE ...