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State v. Abraham

December 1, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DONNA ABRAHAM, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Sussex County, Indictment No. 03-10-0293.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submit November 6, 2008

Before Judges Payne and Newman.

Following denial of her motion to suppress evidence seized pursuant to a search warrant, defendant, Donna Abraham, pled guilty to two counts of theft by deception, N.J.S.A. 2C:20-4, downgraded from a second-degree to a third-degree crime for purposes of the plea. She was sentenced to a three-year term of probation, with sixty days to be served in the Keogh-Dwyer Correctional Facility. Restitution was required, and appropriate fines and penalties were imposed.

On appeal, defendant raises the following issues:

POINT I

THE EVIDENCE SHOULD HAVE BEEN SUPPRESSED BECAUSE THE APPLICATION FOR THE WARRANT MISLED THE COURT IN THAT IT FAILED TO PROVIDE SPECIFIC DATES AND TIMES, INCORRECTLY STATED THAT OFFICER TOSTI OBSERVED CORRESPONDENCE AND PAPERWORK IN VARIOUS PEOPLE'S NAMES WHILE IN MS. ABRAHAM'S HOME, AND INCORRECTLY STATED THAT OFFICER TOSTI DESCRIBED MS. ABRAHAM'S HOME AS BEING ABANDONED.

POINT II

EVEN IF THE SEARCH WARRANT WAS SUPPORTED BY PROBABLE CAUSE, THE SEARCH OF MS. ABRAHAM'S HOME AND MOTOR VEHICLE VIOLATED HER RIGHTS TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES UNDER THE UNITED STATES CONSTITUTION AND ARTICLE I, PARAGRAPH 7 OF THE NEW JERSEY CONSTITUTION BECAUSE THE WARRANT WAS BASED IN PART ON INFORMATION OBTAINED AS A RESULT OF TWO UNLAWFUL SEARCHES AND, THEREFORE, IS FRUIT OF THE POISONOUS TREE.

A. The Search of Ms. Abraham's Home Was Illegal.

B. The Search of The Motor Vehicle Was Illegal.

Following our review of the record on appeal and applicable legal ...


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