State v. Mandel

187 A.3d 896, 455 N.J. Super. 109
CourtNew Jersey Superior Court Appellate Division
DecidedJune 6, 2018
DocketDOCKET NO. A–5442–16T1
StatusPublished
Cited by11 cases

This text of 187 A.3d 896 (State v. Mandel) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mandel, 187 A.3d 896, 455 N.J. Super. 109 (N.J. Ct. App. 2018).

Opinion

CARROLL, J.A.D.

*111Defendant Stephen Mandel appeals the denial of his motion to suppress evidence seized as the result of a warrantless search of his vehicle. Defendant was charged with possession of less than fifty grams of marijuana in violation of N.J.S.A. 2C:35-10(a)(4). After his motion to suppress was denied, defendant entered a conditional guilty plea in Howell Township Municipal Court. On de novo review, the Law Division judge again found the search valid.

The pertinent facts are as follows. Howell Township Police Officer David Gilliland stopped defendant's vehicle after he observed it traveling in front of him with dark tinted windows. Gilliland approached the passenger side of the vehicle and conversed with defendant through the open passenger side window. Gilliland asked defendant to produce his driver's license, and inquired about his driving record. During this exchange, Gilliland leaned his head into the open passenger side window in order to better hear defendant's responses over the noise of the passing traffic. While speaking to defendant, Gilliland smelled the odor of marijuana coming from inside the vehicle.

Gilliland informed defendant he smelled marijuana. Based on this observation, Gilliland searched the car and found a small *112quantity of marijuana under the passenger seat. Defendant was charged with the disorderly persons offense of marijuana possession, N.J.S.A. 2C:35-10(a)(4), and improper safety glass, N.J.S.A. 39:3-75.

Defendant filed a motion to suppress the marijuana in the Howell Township Municipal Court. Gilliland was the sole witness to testify at the motion hearing. He explained that, after stopping the vehicle, he approached *898it on the passenger side, for safety reasons, to speak with defendant. He asked defendant to roll down the passenger window and produce his driving credentials. Gilliland "began to speak with [defendant] about the violation and began to detect the odor of marijuana emanating from the interior compartment of the vehicle." Due to the noise from the passing traffic, Gilliland leaned into the open passenger window in order to hear defendant's responses to his questions. Gilliland admitted his head "broke the plane" of the passenger's window when he momentarily leaned inside. He stated he could not recall whether he first smelled the marijuana odor before or after he leaned into defendant's vehicle.

The municipal court judge credited Gilliland's testimony, finding it "reasonable" and devoid of "inconsistent statements." During his testimony, the police motor vehicle recording (MVR) video of the traffic stop, captured by a camera mounted in Gilliland's vehicle, was played. The judge found that the MVR showed Gilliland "could not have had his body in [defendant's vehicle] a tremendous amount," and that any intrusion was limited to "part of his head" for "literally ... seconds."

Noting the minimal physical intrusion into defendant's vehicle, the reasonableness of Gilliland's explanation for doing so, and the "plain smell" doctrine, the municipal court denied the motion to suppress. Defendant then entered a conditional guilty plea to the marijuana charge,1 preserving his right to seek de novo review in *113the Law Division. The municipal court sentenced defendant to pay $33 in court costs, $50 to the Violent Crimes Compensation Board, $75 to the Safe Neighborhood fund, a $500 Drug Enforcement Demand Reduction penalty, and a $50 lab fee.

Defendant appealed the denial of his motion to suppress to the Law Division. Defendant argued the marijuana evidence should have been suppressed because probable cause for the search was furnished only after Gilliland impermissibly intruded into defendant's vehicle by leaning his head through the passenger window.

The Law Division judge determined that Gilliland's placement of his head through defendant's passenger window constituted a search. However, the judge concluded the search was reasonable because "credible evidence on this record reveals that the officer placed his head inside the window of the vehicle in order to better hear the defendant."

The Law Division judge also noted that, due to the dark tint on defendant's rear window, the MVR video could not confirm whether Gilliland's head broke the plane of defendant's passenger window. Thus, the judge found that any such intrusion was minimal and reasonable. The court also concluded the odor of marijuana provided sufficient probable cause to justify Gilliland's search of the vehicle. Noting that the suppression issue was the discrete question presented and that defendant's conditional guilty plea became effective as a matter of law, the Law Division judge imposed the same fines and penalties as the municipal court. This appeal followed.

On appeal, defendant raises a single issue for our consideration:

POINT ONE
THE EVIDENCE MUST BE SUPPRESSED BECAUSE THE PATROLMAN ILLEGALLY INTRUDED INTO
*899THE VEHICLE PRIOR TO ESTABLISHING PROBABLE CAUSE AND THEREFORE WAS NOT LEGALLY IN THE SMELLING AREA AT THE TIME HE PURPORTEDLY SMELLED CONTRABAND.

"An appellate court reviewing a motion to suppress evidence in a criminal case must uphold the factual findings underlying the trial court's decision, provided that those findings are 'supported *114by sufficient credible evidence in the record.' " State v. Boone, 232 N.J. 417, 425-26, 180 A.3d 1110 (2017) (quoting State v. Scriven, 226 N.J. 20, 40, 140 A.3d 535 (2016) ). We do so "because those findings 'are substantially influenced by [an] opportunity to hear and see the witnesses and to have the "feel" of the case, which a reviewing court cannot enjoy.' " State v. Gamble, 218 N.J. 412, 424-25, 95 A.3d 188 (2014) (alteration in original) (quoting State v. Johnson, 42 N.J. 146, 161, 199 A.2d 809 (1964) ).

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Bluebook (online)
187 A.3d 896, 455 N.J. Super. 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mandel-njsuperctappdiv-2018.