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State of New Jersey

June 4, 2012

STATE OF NEW JERSEY IN THE INTEREST OF D.R., A MINOR.


On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Hudson County, Docket No. FJ-09-444-11.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: May 16, 2012

Before Judges Axelrad and Ostrer.

D.R., a juvenile, appeals from adjudications of delinquency for acts which, if committed by an adult, would have constituted the petty disorderly persons offenses of disorderly conduct, N.J.S.A. 2C:33-2a(1), and resisting arrest, N.J.S.A. 2C:29-2a(1); and the lesser-included offense of fourth-degree aggravated assault on a police officer, N.J.S.A. 2C:12-1b(5)(a). The court imposed disposition of a six-month term of probation, a curfew every night, and twenty hours of community service.

On appeal, D.R. argues the following points:

POINT I

IT WAS PLAIN ERROR TO FIND D.R. DELINQUENT WHEN HIS 4TH AMENDMENT RIGHT AGAINST UNREASONABLE SEARCH[ES] AND SEIZURES WAS VIOLATED (NOT RAISED BELOW).

A. OFFICER OLIVERA'S SEARCH, SEIZURE AND ARREST OF D.R. DID NOT FIT ANY OF THE EXCEPTIONS TO THE WARRANT REQUIREMENT.

B. UNDER THE TOTALITY OF THE CIRCUMSTANCES TEST THE INVESTIGATIVE STOP WAS NOT BASED ON REASONABLE ARTICULABLE SUSPICION.

C. NEITHER THE PLAIN VIEW NOR THE PLAIN FEEL EXCEPTIONS APPLIED TO THE SEARCH AND OR SEIZURE OF D.R.'S POCKET, WALLET OR BIKE.

D. D.R. WAS SUBJECTED TO AN UNREASONABLE FIELD INQUIRY AND SEARCH INCIDENT TO ARREST ...


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