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State v. Vogues

Superior Court of New Jersey, Appellate Division

June 27, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
FRANKLIN D. VOGUES, a/k/a FRANKLIN D. WAYE VOGUE, FRANK VOGUES, FRAKLIN D. VOGUES and FRANKLIN VOQUES, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 3, 2013

On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 09-05-1727.

Joseph E. Krakora, Public Defender, attorney for appellant (Amira R. Scurato, Assistant Deputy Public Defender, of counsel and on the brief).

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Ashlea D. Thomas,

Deputy Attorney General, of counsel and on the brief).

Before Judges Sabatino and Maven.

PER CURIAM

Defendant Franklin Vogues appeals from an order dated October 7, 2010, denying his suppression motion and request for an evidentiary hearing to challenge the validity of the search warrant, and denial of reconsideration on December 20, 2010. We affirm.

On December 10, 2008, members of the Camden High Intensity Narcotics Trafficking Area (HIDTA) Narcotics Task Force conducted a buy/bust operation in the City of Camden. Undercover officers assigned to the task force approached well-known open-air drug distribution rings in Camden, posed as drug buyers, and attempted to purchase narcotics from drug dealers.

At approximately 7:45 p.m., two undercover officers, Investigator Terry King and Detective Sean Miller, were traveling in the area of North 29th Street and High Street when they observed two males. Investigator King exited his undercover vehicle and met with the two males, later identified as defendant and co-defendant Aaron Lofland. Defendant asked the officer "what [he] needed, " and the officer replied, "four dimes." Defendant told Investigator King to speak with Lofland, and then asked the officer if he was a "cop." Investigator King ignored defendant's question. While Investigator King continued talking with Lofland, defendant approached Detective Miller and asked him if he was "cop." When defendant returned to the conversation with Investigator King and Lofland, both Lofland and defendant advised King to return to his car and drive around the block. Investigator King complied.

After circling the block, the undercover officers returned to North 29th Street and High Street. At approximately 8:00 p.m., Lofland approached the officers' vehicle and sold four bags of cocaine to Investigator King in exchange for forty dollars. After completing the transaction, Detective Miller broadcasted a description of defendant and Lofland to the arrest team, who responded to the area. The team quickly arrested Lofland while riding his bicycle on the 2900 block of North 29th Street.

Investigator Robert Ferris, of the Camden County Prosecutor's Office, approached defendant in the doorway of 2900 North 29th Street. The front door of the residence was open, and defendant was standing in the second doorway. As Investigator Ferris placed defendant under arrest, he detected the distinctive and noticeable odor of PCP, [1] which he recognized based on his training and experience.

Investigator Ferris and Investigator Michael Rhoads, also of the Camden County Prosecutor's Office, spoke with defendant inside the residence after he was arrested. Defendant informed the officers that he lived at that location. Investigator Ferris then orally advised defendant of his Miranda[2] rights, which defendant waived. Defendant then told the officers that he smokes "wet" ...


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