On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 08-06-0547.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: September 29, 2010
Before Judges Fisher and Simonelli.
Following the denial of his motion to suppress, defendant Shannon Reeves pled guilty to second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7b. The trial judge imposed a five-year term of imprisonment with a five-year period of parole ineligibility. On appeal, defendant raises the following contentions:
I. The Trial Court Erred in Denying Mr. Reeves' Motion to Suppress the Evidence.
A. The Trial Court Erred in Determining that the Arresting Officer's "Stop" of Mr. Reeves Did Not Result in a Violation of Mr. Reeves['] Fourth Amendment Rights.
1. The Arresting Officer did not Have a Reasonable and Articulable Suspicion That Mr. Reeves Was Engaged or Was About to Engage in Criminal Activity.
a. Mansur's Order to Stop and Show Your Hands Constituted a "Stop" for Constitutional Purposes.
b. The "Stop" of Mr. Reeves Cannot be Supported by any "Articulable and Reasonable Suspicion" Based Upon N.J.S.A. 2C:33-7 and Violated His Rights Under the First Amendment.
B. The Trial Court Erred in Determining that the Search of Mr. Reeves' Person was Valid under the Fourth Amendment.
We derive the following facts from the evidence produced at the hearing on the motion to suppress.
At approximately 6:46 p.m. on October 8, 2007, Edwin Assencio reported to the Trenton Police Department that two men had robbed him of $50 at gunpoint. Assencio could not positively identify the suspects due to poor lighting conditions and the rapid time frame of the incident; however, he described one of the suspects as a black male, fourteen to sixteen years old, 5'7" tall, weighing 130 pounds, and dressed in "blue jeans, black shirt, [and] sneakers," and the other suspect as a black male, fourteen to sixteen years old, 5'8" tall, weighing 165 pounds, and wearing ...