State v. Al-Sharif Scriven(075682)

140 A.3d 535, 226 N.J. 20, 2016 N.J. LEXIS 698
Supreme Court of New Jersey·Decided July 20, 2016·No. A-11-15·Published·Cited by 155 cases

Opinion

Justice ALBIN

delivered the opinion of the Court.

In this appeal, we must determine whether a purported violation of the high-beam statute, N.J.S.A. 39:3-60, justified a police stop of a vehicle. The high-beam statute mandates that a driver dim a vehicle’s high beams when approaching “an oncoming vehicle.” Ibid.

*26 Here, a police officer stopped a car traveling on a street with its high beams on, even though that car was not approaching an oncoming vehicle. At the time, the officer was on foot and his car was parked on a perpendicular street, where he was investigating an abandoned ear. After stopping the vehicle, the officer questioned defendant Al-Sharif Scriven, who was sitting in the front passenger seat. The questioning led to the discovery of a handgun possessed by defendant, who claims that the unconstitutional motor-vehicle stop requires suppression of the handgun.

The trial court found that because the subject car, whose high beams were activated, was traveling on a street with no oncoming vehicles, the driver was in compliance with N.J.S.A. 39:3-60. On that basis, the court found that the police did not have a reasonable and articulable suspicion to stop the car for a motor-vehicle violation or for a community-earetaking purpose. Accordingly, the court concluded that the stop violated the Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution and suppressed the handgun, hollow-nose bullets, and the gun’s large-capacity magazine. The Appellate Division affirmed.

We hold that the trial court and Appellate Division properly concluded that the motor-vehicle stop violated the Federal and State Constitutions. The language of the high-beam statute, N.J.S.A. 39:3-60, is unambiguous; drivers are required to dim their high beams only when approaching an oncoming vehicle. Neither a car parked on a perpendicular street nor an on-foot police officer count as an oncoming vehicle. This case does not involve a reasonable mistake of law by a police officer. We therefore need not address whether such a reasonable mistake would require suppression of evidence under the New Jersey Constitution. Because the officer did not have a reasonable and articulable suspicion or a community-caretaking basis to stop the vehicle in which defendant was a passenger, we affirm the judgment of the Appellate Division upholding the trial court’s suppression of the evidence.

*27 I.

A.

Defendant Al-Sharif Seriven was charged in an Essex County indictment with (1) second-degree unlawful possession of a .40 caliber handgun, N.J.S.A. 2C:39—5(b); (2) third-degree receiving stolen property (the handgun), N.J.S.A. 2C:20-7; (3) fourth-degree possession of hollow-nose bullets, N.J.S.A. 2C:39-3(f); and (4) fourth-degree possession of a large-capacity magazine, N.J.S.A. 2C:39-3(j).

Defendant filed a motion to suppress the handgun, the hollow-nose bullets, and the large-capacity magazine on the ground that the police did not have a constitutionally permissible basis for stopping the car in which he was a passenger. At a suppression hearing, the State called Essex County Sheriffs Officer David Cohen, the only witness to testify. The record before us is based solely on Officer Cohen’s testimony.

B.

On November 3, 2013, at approximately 3:00 a.m., Officer Cohen and his partner, Officer Eric Overheely, observed an unoccupied vehicle “with a fictitious temp tag” located on the left side of Adams Street (a one-way street), which runs parallel to Independence Park in the City of Newark. At that location, Adams Street forms a “T” intersection with New York Avenue. Traffic flowing on New York Avenue toward the park must turn left onto Adams Street.

Officer Cohen double-parked his patrol car immediately behind the unoccupied vehicle to investigate. He kept his headlights on but did not activate his overhead lights. After determining that the vehicle was unregistered, he called for a tow truck. While waiting for the tow truck, Officer Cohen observed a vehicle on New York Avenue approaching him from about a quarter-mile away. The vehicle was traveling with its high beams on at a normal speed in this well-lit residential area. The vehicle obeyed *28 the stop sign at the intersection of New York Avenue and Adams Street. No other vehicles were operating on either street at the time.

Officer Cohen stated that the high beams were blinding both him and his partner. Using the strobe light attachment on his flashlight, Officer Cohen signaled to the driver to pull over, and the driver did so, turning left onto Adams Street. Officer Cohen testified that he intended to educate the driver on the proper use of high beams — that is, to tell her “you can’t drive with your high beams on.” He indicated that the use of high beams “always sends up a red flag.” In his experience, stolen cars have been driven with high beams, and the blinding light takes away his tactical advantage to see inside a car and to know whether guns are pointed at him.

As Officer Cohen approached the driver’s side of the vehicle, he did not give the driver a simple warning to turn her high beams off, but instead instructed her to produce her license, registration, and insurance cards. At this point, with the driver’s window down, he could smell burnt marijuana. He then walked around the vehicle, asked defendant, the front passenger, to roll down the window, and detected a stronger odor of burnt marijuana. Officer Cohen asked defendant and the rear passenger whether they had any “CDS” on them, and both replied, “No.” While engaged in this exchange, Officer Cohen noticed inside the vehicle a hollowed-out cigar, which, from his experience and training, he knew was used as a receptacle for marijuana.

Based on this observation, Officer Cohen told defendant to step out of the car. In response, defendant indicated that he had a gun under his jacket. The officer then ordered defendant to keep his hands up while he retrieved the weapon. Defendant was placed under arrest, and the driver was later issued a ticket for a violation of the high-beam statute.

C.

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State v. Al-Sharif Scriven(075682), 140 A.3d 535, 226 N.J. 20, 2016 N.J. LEXIS 698 (N.J. 2016).

140 A.3d 535 (State v. Al-Sharif Scriven(075682)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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