NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted May 29, 2013
On appeal from Superior Court of New Jersey, Law Division, Cape May County, Indictment No. 11-10-00618.
Joseph E. Krakora, Public Defender, attorney for appellant (Elizabeth C. Jarit, Assistant Deputy Public Defender, of counsel and on the brief).
Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (J. Vincent Molitor, Assistant Prosecutor, of counsel and on the brief).
Before Judges Yannotti and Hayden.
Following the denial of his motion to suppress evidence, defendant, Jamaine B. Haines, pled guilty to third-degree possession with intent to distribute a controlled dangerous substance (CDS) within 1000 feet of school property, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5(a)(1). The trial judge sentenced defendant to six years imprisonment with three years parole ineligibility.
On appeal, defendant raises the following contentions for our consideration.
POINT I: THE TRIAL COURT ERRONEOUSLY DENIED [DEFENDANT'S] MOTION TO SUPPRESS BECAUSE THE POLICE LACKED REASONABLE ARTICUABLE SUSPICION TO CONDUCT THE STOP AND LACKED PROBABLE CAUSE TO ARREST.
POINT II: THE TRIAL COURT ERRED BY FAILING TO FIND MITIGATING FACTORS SUPPORTED BY THE RECORD.
Having considered defendant's arguments in light of the applicable legal principles, we affirm his conviction and sentence.
We discern the following facts from the record of the motion to suppress. In May 2011, in response to several reports of drug activity and violent criminal acts in the Borough of Woodbine, the New Jersey State Police established a plain-clothes foot patrol, termed a "quality of life detail." The State Police assigned Detective Daniel DeLucia, Trooper Ron Gillespie, and Trooper William D. Carney to the northeast quadrant of the Borough and instructed them to focus their attention on four specific residences. One of these residences was a duplex located at 802 Adams Avenue, where the police had received reports from confidential informants and unidentified concerned citizens of drug distribution activity.
On the evening of May 13, 2011, Carney, a three-year veteran of the force familiar with drug trafficking in Woodbine, was concealed about fifty yards from the Adams Avenue duplex. He saw two men standing in front of the residence. Carney then saw a vehicle pull up to the driveway of the residence and stop in the road. He observed the two men "lean into the vehicle" on the passenger side for less than thirty seconds. The vehicle departed, and the two individuals remained on the scene. Carney testified that the thirty second drive-up was consistent with a ...