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State of New Jersey In

May 3, 2011

STATE OF NEW JERSEY IN THE MATTER OF J.S., A JUVENILE.


On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FJ-13-1556-09.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 16, 2011

Before Judges Nugent and Newman.

The juvenile, J.S., was fifteen years old when arrested and charged with an act, which if committed by an adult, would have constituted third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1). The juvenile moved to suppress the partial tablet of Hydrocodone found inside a cigarette pack and a statement that he made misidentifying the drug as "Oxy," i.e., Oxycodone. Defendant pled guilty to third-degree possession of the CDS charge after the court denied his motions, but preserved his right to appeal. The court sentenced the juvenile, without a predisposition report, but with the juvenile's consent, to one-year probation on the condition that he have a substance abuse evaluation and follow any recommendations. If he completed probation successfully, the court would then convert the probationary term to a deferred disposition.

On appeal, the juvenile raises the following issues for our consideration:

POINT I

THE SEARCH OF THE JUVENILE'S CIGARETTE PACK AND CONSEQUENT DISCOVERY AND SEIZURE OF A FRAGMENT OF A PRESCRIPTION PILL WAS CONTRARY TO THE FEDERAL AND STATE CONSTITUTIONAL PROSCRIPTIONS OF UNREASONABLE SEARCHES AND SEIZURES.

POINT II

THE TRIAL COURT ERRONEOUSLY FAILED TO SUPPRESS THE JUVENILE'S STATEMENTS AT THE SCENE OF HIS ARREST.

POINT III

THE TRIAL COURT'S SENTENCING DISPOSITION WAS EXCESSIVE AND CONTRARY TO THE REHABILITATIVE FOCUS OF THE NEW JERSEY CODE OF JUVENILE JUSTICE.

After consideration of the arguments presented in the briefs in light of the record, we ...


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