Call Now For Help

732.580.1237

NJ CDS Possession Conviction Reversed

01
Jun
2010

by in Criminal Appeals, Drug Defense

State v. Christopher Felix, unpublished opinion, App. Div. Docket No. A-2788-08T4 (April 8, 2010) – Conviction reversed, suppression ordered. “Initially, the encounter with Felix amounted to only a field inquiry, as Holman and then Nanos approached him and began asking him questions….

We discern no illegality or bad faith in the field inquiry here, at least in its initial phases…. However, the initial field inquiry in this case progressed into an investigatory stop under Terry. An investigatory stop, unlike a field inquiry, is characterized by a detention in which the person approached by a police officer would not reasonably feel free to leave, even though the encounter falls short of a formal arrest….

Nanos’s specific question, asking whether Felix ‘had anything illegal on his person,’ escalated the field inquiry into a Terry investigatory stop, by insinuating that Felix might have contraband in his possession…. Consequently, the motion judge’s determination that Nanos’s question to Felix about whether he had anything illegal in his possession was ‘innocuous’ and consistent with Terry was incorrect as a matter of law….

Nanos asked the question after he had ‘confirmed that [Felix] was supposed to be on the property,’ according to Nanos’s own testimony…. Having satisfied himself that Felix was not trespassing, Nanos offered nothing amounting to a ‘particularized suspicion’ that would warrant the specific question asked. While it is apparently true that the house was a known ‘crack house,’ that alone cannot be the basis for the Terry stop of someone who is there with the permission of an owner or resident. He did not know Felix, so there was no testimony that he was a known drug dealer or user…. Nanos never expressed any concern about a weapon, nor was that the purport of his question.”

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.