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State v. Crammer

September 15, 2009

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
BRIAN CRAMMER, DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 08-10-2312.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 2, 2009

Before Judges Payne and Waugh.

The State appeals from an order of the trial court suppressing evidence, consisting of heroin, marijuana and drug paraphernalia, seized by the police without a warrant from a car being driven by defendant, Brian Crammer. On appeal, the State makes the following arguments:

POINT I

SUPPRESSION OF THE EVIDENCE WAS NOT WARRANTED BECAUSE THERE WAS REASONABLE SUSPICION TO STOP THE VEHICLE.

A. The Stop Of Defendant's Vehicle For A Motor Vehicle Violation Was Lawful.

B. The officers Had Reasonable Suspicion To Conduct An Investigatory Stop Of The Defendant's Vehicle Based On The Corroboration Of The Anonymous Source's Tip.

POINT II

SUPPRESSION OF THE EVIDENCE SEIZED WITHOUT A WARRANT WAS NOT WARRANTED BECAUSE THE OFFICERS' COMMENTS DID NOT CONVERT THE INVESTIGATIVE DETENTION INTO A CUSTODIAL INTERROGATION.

POINT III

SUPPRESSION OF THE EVIDENCE WAS NOT WARRANTED BECAUSE THERE WAS SUFFICIENT EXIGENCY TO SUPPORT A SEARCH PURSUANT TO THE AUTOMOBILE EXCEPTION TO THE WARRANT REQUIREMENT.

Tinton Falls Officer Joseph Schuler and Sergeant Gerald M. Turning, Jr. testified at the suppression hearing. Schuler stated that, while off duty, he had received a telephone call from a confidential source, known to him, who reported that a silver Honda Civic or Acura bearing New Jersey plates with a number that the informant specified would shortly be transporting narcotics from Asbury Park to the Martin Motel, located at 4236 Highway 33. The source stated additionally that the car had tinted windows with lettering on them, and that it was to be driven by a ...


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