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State v. Mazur

November 12, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MATTHEW MAZUR, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 08-04-00612.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 6, 2010

Before Judges Kestin and Coburn.

Defendant pled guilty to this two-count controlled dangerous substances indictment after losing his motion to suppress the evidence on which the indictment was based. The judge merged count one into count two, which charged third degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5a(1), and sentenced defendant to probation for five years plus the appropriate fines and penalties.

On appeal, defendant offers the following arguments:

POINT I

THE LOWER COURT ERRED IN DETERMINING THAT THE OFFICERS['] COMPLIANCE WITH THE PLAINSBORO GENERAL [ORDINANCE] GOVERNING INVENTORY SEARCHES RENDERED THE SEARCH VALID.

POINT II

THE LOWER COURT ERRED IN FINDING THAT THE INVENTORY SEARCH WAS PROPERLY CONDUCTED.

POINT III

THE TRIAL COURT ERRED IN NOT SUPPRESSING EVIDENCE BECAUSE THE SUPREME COURT'S HOLDING IN STATE V. CARTY APPLIES TO INVENTORY SEARCHES AND REQUIRES OFFICERS TO SEEK CONSENT TO SEARCH AND HAVE REASONABLE ARTICULABLE SUSPICION THAT WEAPONS COULD BE FOUND IN THE CAR.

After considering the record and briefs, we are satisfied that all of the defendant's arguments are without sufficient merit to warrant discussion in a written opinion, R. 2:11- 3(e)(2), and we affirm substantially for the reasons stated by Judge Stolte in her thorough and well-reasoned oral opinion of April 6, 2009. Nevertheless, we add the following brief comments.

Defendant concedes that his car was properly stopped around midnight on a busy highway, which did not have a shoulder, because of improperly functioning lights. He further concedes that the police decided to impound his vehicle when the only insurance card he possessed and showed had expired about three months before the incident. He acknowledges that under the local ordinance impoundment was dictated because of the lack of insurance and that the ordinance required an inventory search before impoundment. The judge found, and the defendant does not deny, that before starting the inventory of the car's contents, the police advised defendant and his accomplice that they could remove ...


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