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State v. Carter

Superior Court of New Jersey, Appellate Division

August 30, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
JOSHUA C. CARTER, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 27, 2013

On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 10-04-0371.

Joseph E. Krakora, Public Defender, attorney for appellant (Kevin G. Byrnes, Designated Counsel, on the brief).

John J. Hoffman, Acting Attorney General, attorney for respondent (Kenneth Burden, Deputy Attorney General, of counsel and on the brief).

Before Judges Harris and Fasciale.

PER CURIAM

Defendant Joshua C. Carter appeals from the November 18, 2011 judgment of conviction, which reflects Carter's guilty plea to second degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b).[1] We affirm.

On appeal, Carter raises the following arguments for our consideration:

POINT I: THE DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCH AND SEIZURES AS GUARANTEED BY THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1. PAR. 7 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE LENGTHY AND INTRUSIVE POLICE DETENTION.
A. THE STATE FAILED TO PROVE THAT THE OFFICER HAD REASONABLE SUSPICION TO DETAIN THE REAR SEAT PASSENGER DURING THE ISSUANCE OF A PARKING TICKET TO THE DRIVER.
B. THE STATE FAILED TO PROVE THAT THE INTRUSION ON THE PRIVACY AND LIBERTY INTERESTS OF THE REAR SEAT PASSENGER WAS WITHIN THE PERMISSIBLE SCOPE OF A DETENTION TO ISSUE THE DRIVER A PARKING TICKET.
POINT II: THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AND EQUAL PROTECTION OF THE LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I, PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE OFFICER'S RELIANCE ON RACIAL AND CLASS STEREOTYPES. (Partially Raised Below.)

We reject Point II as wholly lacking in merit and beyond any reasonable inferences gleaned from the record. R. 2:11-3(e)(2). As for the arguments contained in Point I, we affirm substantially for the oral reasons expressed by Judge Michael J. Haas on January 21, 2011, following the presentation of evidence in ...


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