Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Dog Sniffs and Reasonable Suspicion (Part 4)

June 21, 2019 by Fred Sisto

Dog Sniffs and Reasonable Suspicion (Part 4)

Justice Fernandez-Vina continued: In this case, it is established that the initial traffic stop was a lawful response to the Title 39 violations Detective Kazan observed.  Two determinations must therefore be made: whether the wait for the canine unit’s arrival prolonged Nelson’s traffic stop, and, if so, whether the delay was justified by independent reasonable and articulable suspicion that Nelson possessed drugs at that time. Regarding the first determination, “the critical question is whether conducting the sniff added time to the stop.” Id. at 536. Here, after Nelson denied the detectives consent to search his vehicle, the detectives then “added time” to Nelson’s traffic stop when they required him to wait thirty-seven minutes for the arrival of the canine unit.

The Court therefore considers whether a reasonable and articulable suspicion beyond that which justified the stop supported the canine sniff.  As Detective Kazan testified, he believed there was “reasonable articulable suspicion that there was crime afoot” based on the following factors:  (1) the initial tip from ATF; (2) the moving violations observed; (3) Nelson’s nervous behavior; (4) Nelson’s conflicting trip itinerary; (5) the lack of any personal belongings in the vehicle; (6) the large bags in the cargo hold; (7) Nelson’s admission of prior narcotics arrests; and (8) the overwhelming smell of air freshener. The detective’s observations, taking into account his training and experience, suggested criminal activity and provided the reasonable suspicion necessary to prolong Nelson’s stop to await the arrival of the canine unit.

These eight factors are all suspect to one degree or another, even if we give the detective the benefit of the doubt that he was telling the truth. The tip from the ATF came from an anonymous source. Therefore, there was no one to be held accountable if the tip was false. The moving violations have nothing to do with the possession of contraband. If anything, you would expect the driver of a vehicle carrying contraband to be extra cautious in order to avoid police attention. Our case law recognizes that it is natural to be nervous around police under the circumstances and nervousness in itself does not create a reasonable suspicion of criminal activity. Nervousness can also lead to a mis-statement about trip itinerary. Many people maintain tidy cars with no personal belongings in plain view. Many people carry large bags in their car and the defendant here gave a reasonable explanation for them. Many people have prior arrests for narcotics, in particular, marijuana possession. Here, the defendant was honest about his prior arrest. Lastly, many people use strong-smelling air fresheners in their cars.

Filed Under: Blog, Criminal Law

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Marijuana and Diversionary Programs (Part 4)
  • Marijuana and Diversionary Programs (Part 3)
  • Marijuana and Diversionary Programs (Part 2)
  • Marijuana and Diversionary Programs (Part 1)
  • Jurisdiction and Subsequent Prosecutions (Part 2)
  • Jurisdiction and Subsequent Prosecutions (Part 1)
  • Statutes of Limitations and DNA Evidence (Part 3)
  • Statutes of Limitations and DNA Evidence (Part 2)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish