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State v. Ellis

March 30, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SAEED T. ELLIS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 06-09-2103 and 06-12-2747.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 14, 2009

Before Judges Axelrad and Messano.

Following the denial of his two motions to suppress evidence, defendant Saeed Ellis pled guilty to count one of Monmouth County Indictment No. 06-09-2103, charging him with possession of CDS, N.J.S.A. 2C:35-10a(1), and count one of Indictment No. 06-12-2747, also charging him with possession of CDS, N.J.S.A. 2C:35-10a(1). Pursuant to the plea bargain reached with the State, defendant was sentenced to two consecutive five-year terms of imprisonment and appropriate penalties were imposed.

On appeal, defendant raises the following arguments:

POINT I

(Indictment 06-12-2747)

THE SEARCH OF [CO-DEFENDANT] HARRIS'*fn1 CAR WAS UNLAWFUL AND THE EVIDENCE SEIZED SUBSEQUENT THERETO MUST BE SUPPRESSED BECAUSE DETECTIVE SEIDLE HAD NO BASIS TO SEIZE DEFENDANT OR ENTER THE CAR BASED ON AN OBSERVED OPEN CONTAINER VIOLATION.

POINT II

(Indictment 06-09-2103)

OFFICER PETILLO HAD NO PROBABLE CAUSE TO BELIEVE THE CIGARETTE PACK CONTAINED CONTRABAND AND, AS SUCH THE SEARCH OF THE CIGARETTE PACK WAS UNLAWFUL.

We have considered these arguments in light of the record and applicable legal ...


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