On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FJ-07-5537-06.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted December 16, 2008
Before Judges Winkelstein and Gilroy.
Following a "buy-bust" operation by members of the Newark Police Department and other law enforcement agencies, D.D., a juvenile, was arrested and charged with offenses which, if committed by an adult, would constitute third-degree possession of a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 2C:35-10 (Count One); third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5 (Count Two); third-degree possession of a CDS with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (Count Three); third-degree possession of a CDS with intent to distribute within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1 (Count Four); fourth-degree obstruction of the administration of law, N.J.S.A. 2C:29-2 (Count Five); and third-degree receiving stolen property (an automobile), N.J.S.A. 2C:20-7 (Count Six). On October 24, 2006, the trial court denied D.D.'s motion to suppress evidence.
Tried to the court, D.D. was adjudicated delinquent on Counts One and Five. On motion of the State, the court dismissed the remaining counts. On November 30, 2006, the court entered an order of disposition: On Count One, the court committed D.D. to two years at the Training School for Boys; on Count Five, the court committed D.D. to a concurrent term of one year at the Training School for Boys.
THE TRIAL COURT ERRED BY DENYING THE JUVENILE'S MOTION TO SUPPRESS EVIDENCE.
A. THE POLICE DID NOT HAVE PROBABLE CAUSE TO STOP THE VEHICLE.
1. THE STATEMENT MADE BY D.D. DID NOT AMOUNT TO OBSTRUCTION OF THE ADMINISTRATION OF LAW.
a) JUVENILE DID NOT PHYSICALLY INTERFERE TO PREVENT AN ...