Warrants and Specificity of Locations: Part 2

by | Jan 30, 2018 | Blog, Criminal Law, Drug Crime, New Jersey

 

The trial court subsequently issued a warrant to search Boone, his residence, and his car. Police executed the search warrant on September 7, 2012, and found between one-half and five ounces of cocaine and an illegal handgun in Unit 4A. They then arrested defendant. In February 2013, a grand jury charged Boone with seven counts of drug, weapons, and child endangerment offenses.

 

The child endangerment offenses likely came from having a child present in the home that contained narcotics and a firearm. The exact location of the child in relation to the narcotics or firearm is not something that the prosecution is required to disclose to the grand jury.

 

Boone sought to suppress the evidence found in Unit 4A because the search warrant lacked a factual basis to establish probable cause to search his apartment. The trial court denied the motion. Although the court acknowledged that police offered no support to justify a search of Unit 4A, it noted that Detective Conway provided extensive details of the police surveillance of Boone. The court found that defendant’s activity, coupled with the detective’s investigative experience and Boone’s criminal history, established probable cause to search Unit 4A. After the denial of his motion to suppress, Boone pled guilty to two second-degree drug offenses.

        

The Appellate Division affirmed the denial of the motion to suppress in an unpublished opinion. The panel held that the totality of the circumstances presented in the affidavit justified a finding of probable cause for the issuance of the search warrant. The panel found that the issuing judge had “ample grounds to anticipate” that narcotics would be in Boone’s apartment “given the furtive conduct of defendant the surveilling officers had observed and his two-recent apparent hand-to-hand drug transactions at another location.”

 

The Appellate panel appears to have missed the point. The issue was not the likelihood that Boone’s apartment would contain narcotics. The issue was whether the police had reason to believe that the apartment at issue was Boone’s.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you !
Billy F
Google star 1Google star 2Google star 3Google star 4Google star 5
Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
Freehold F
Google star 1Google star 2Google star 3Google star 4Google star 5
Have nothing but great things to say about Fred, highly recommended
Bill S
Google star 1Google star 2Google star 3Google star 4Google star 5
i have not needed the service of fred sisto but am grateful for the notices i receive
Bill P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
Great experience overall having Frederick P Sisto as my attorney. Sisto understands his client, very insightful and is an expert in his field. Truly a professional and marvelous individual.
Maybelin R
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
Google star 1Google star 2Google star 3Google star 4Google star 5
I would highly recommend Frederick Sisto to anyone seeking legal representation that is fair, honest and will keep your best interest forefront. should the situation arise, i would not hesitate to seek representation from Frederick Sisto again.
Rmean
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
Mildred T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V