NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued telephonically on April 25, 2013
On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 09-08-1519.
Peter Thomas Blum, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Mr. Blum, on the brief).
Steven A. Yomtov, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Mr. Yomtov, of counsel and on the brief).
Before Judges Reisner and Yannotti.
Defendant Harold Webb appeals from his conviction for possession of a controlled dangerous substance, N.J.S.A. 2C:35-10a(1), for which he was sentenced to one year of probation.
On this appeal defendant contends that the police did not establish probable cause for the issuance of the search warrant. He also contends that he was entitled to an evidentiary hearing on his claim that the police used unreasonable force during the search of the house where the drugs were found. He presents these arguments in the following points:
PROBABLE CAUSE DID NOT EXIST TO BELIEVE THAT DRUGS WOULD BE FOUND IN WEBB'S HOME BECAUSE THE C.I.'S TIPS THAT HE BOUGHT DRUGS THERE AT SOME UNSPECIFIED TIME AND THAT HE WAS INVITED TO RETURN FOR MORE REMAINED UNCORROBORATED WHEN A CONTROLLED PURCHASE OCCURRED AWAY FROM THE HOME. U.S. CONST. AMENDS. IV, XIV; N.J. CONST. ART. I, PARA. 7.
AN EVIDENTIARY HEARING SHOULD HAVE BEEN GRANTED ON WHETHER AN OFFICER USED UNREASONABLE FORCE DURING THE SEARCH BECAUSE A WITNESS ALLEGED THAT THE OFFICER BURST INTO WEBB'S HOME, CONFRONTED WEBB, COFI, AND THE WITNESS, AND FIRED AN UNPROVOKED SHOT IN THEIR ...