State v. Reininger

65 A.3d 865, 430 N.J. Super. 517, 2013 WL 2149760, 2013 N.J. Super. LEXIS 73
CourtNew Jersey Superior Court Appellate Division
DecidedMay 20, 2013
StatusPublished
Cited by30 cases

This text of 65 A.3d 865 (State v. Reininger) 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. Reininger, 65 A.3d 865, 430 N.J. Super. 517, 2013 WL 2149760, 2013 N.J. Super. LEXIS 73 (N.J. Ct. App. 2013).

Opinion

The opinion of the court was delivered by

GRAVES, J.A.D.

A Hunterdon County grand jury charged defendant Dustin Reininger with second-degree unlawful possession of assault firearms, N.J.S.A 2C:39-5(f) (count one); second-degree possession of handguns without a permit, N.J.S.A. 2C:39-5(b) (count two); third-degree unlawful possession of rifles, N.J.S.A. 2C:39-5(c) (count three); third-degree unlawful possession of shotguns, N.J.S.A. 2C:39-5(c) (count four); fourth-degree possession of hollow-nose bullets, N.J.S.A. 2C:39-3(f) (count five); fourth-degree possession of a large capacity ammunition magazine, N.J.S.A 2C:39-3(j) (count six); third-degree hindering his own apprehension, N.J.S.A 2C:29-3(b) (count seven); and fourth-degree obstruction of the administration of law, N.J.S.A. 2C:29-1 (count eight). Count eight was dismissed by the court prior to trial. Defendant was tried in absentia. The jury acquitted defendant of unlawful possession of assault firearms and handguns without a permit (counts one and two), but convicted him of the remaining charges.

On November 18, 2011, the court sentenced defendant as follows: on counts three and four, to five years imprisonment with a mandatory minimum three-year period of incarceration pursuant to the Graves Act, N.J.S.A. 2C:43-6(c); on counts five and six, to eighteen months imprisonment; and on count seven, to three years imprisonment. The court ordered the sentences to run concurrently. Therefore, defendant was sentenced to an aggregate five-year term of imprisonment with a three-year period of [525]*525parole ineligibility. Appropriate monetary penalties were also imposed, including reimbursement to Hunterdon County for the cost of defendant’s extradition from Texas.

Defendant presents the following arguments on appeal:

POINT I
THE COURT BELOW ERRED IN FAILING TO DISMISS THE FIREARM CHARGES IN THE INDICTMENT EVEN THOUGH IT REALIZED THE CASE WAS INCORRECTLY PRESENTED TO THE GRAND JURY.
POINT II
THE COURT BELOW ERRED BY FAILING TO SUPPRESS EVIDENCE AND STATEMENTS GLEANED FROM THE UNLAWFUL DETENTION OF DEFENDANT AND THE WARRANTLESS, UNCONSENTED SEARCH OF HIS AUTOMOBILE.
POINT III
THE COURT BELOW ERRED BY CONDUCTING THE TRIAL IN DEFENDANT’S ABSENCE.
POINT IV
THE DEFENDANT WAS ERRONEOUSLY CONVICTED FOR POSSESSING LARGE CAPACITY AMMUNITION MAGAZINES BECAUSE THE STATE FAILED TO MEET THE ELEMENTS OF ITS CASE.
POINT V
DEFENDANT’S POSSESSION OF HOLLOW NOSE AMMUNITION WAS PROTECTED BY N.J.S.A 2C:39-3(g)(2).
POINT VI
DEFENDANT’S CONVICTION FOR HINDERING SHOULD BE REVERSED BECAUSE IT WAS THE RESULT OF AN UNLAWFUL CONFESSION.
POINT VII
THE DEFENDANT’S POSSESSION OF HIS LAWFULLY ACQUIRED PROPERTY WAS PROTECTED UNDER THE SECOND AMENDMENT.

We have considered these arguments in light of the record and the applicable law and affirm.

I.

At approximately 3:25 a.m. on March 20, 2009, Patrolman Gregory Wester of the Readington Township Police Department was on routine patrol when he observed a Toyota sport utility vehicle (SUV) with its lights off, parked behind a Wachovia Bank. As Wester pulled into the bank’s parking lot to investigate, he turned on his overhead lights, which activated a mobile video [526]*526recorder on his dashboard.1 After notifying the police dispatcher of his location, Wester approached the vehicle with a flashlight.

Wester noticed that the vehicle had Texas license plates and that an individual, later identified as defendant, was sleeping in the driver’s seat under a blanket. Wester testified that when he woke defendant, he appeared “nervous and tired.” According to Wester, defendant “had trouble maintaining eye contact” and when asked “a basic question he would think about it and stutter.”

Defendant provided Wester with a Texas driver’s license but could not produce the vehicle registration or proof of insurance. When Wester inquired about a Texas license plate on the floor near the center console that was different from the plates on the SUV, defendant said the plates on the vehicle had expired, and he had difficulty installing the current plates which were in the vehicle. Defendant also said he had been a police officer in Maine and had stopped to rest while traveling from Maine to Texas, but defendant was unable to produce any law enforcement identification.

Wester noticed several items “stacked” on the backseat of the SUV, and he asked if there was anything illegal in the vehicle. Defendant answered, “No.” Wester also asked defendant if he was transporting any firearms, and defendant responded, “No, no, all good.” At that point, Wester used his flashlight to illuminate the rear passenger compartment, and he saw two nylon firearm cases on the backseat of defendant’s vehicle. Wester again asked if there were any firearms in the SUV, and defendant again answered, “No.” Wester testified, “Once I saw the firearms I didn’t say anything about it. I didn’t want to alert him. I immediately radioed for backup.”

When a backup officer arrived, Wester confronted defendant about the cases on the backseat of the vehicle. Wester said he [527]*527saw “a case in there that looks very, very similar to what I have in my house for my long arm, so I’m going to ask you again [are] there any firearms in the car.” This time, defendant admitted he had “long arms that [he was] moving to Texas,” which were registered in Texas. Defendant was ordered out of the vehicle and patted down for weapons, but none were found.

After two more officers arrived, Wester asked for consent to search the vehicle. Defendant denied consent. Wester asked how many firearms were in the vehicle, and defendant answered, “Three shotguns [and] an AR-15.” Wester also asked if there were any handguns in the SUV. Defendant said he was “not sure,” even though he acknowledged he had packed the vehicle.

Wester then opened the back door of defendant’s SUV and removed the two nylon cases. Wester testified he did so “for safety reasons” and to make sure the firearms were being “transported in a safe manner.” As Wester was examining the cases, defendant told another officer there were “approximately twelve firearms” in the vehicle, including “a loaded Glock handgun” behind the driver’s seat. Once defendant admitted there was a loaded handgun in his vehicle, he was charged with hindering his own apprehension, advised of his Miranda? rights, and handcuffed. Wester then returned the firearm cases to the vehicle, and it was towed to the Readington Township Police Department. Later that same morning, Wester applied for and obtained a search warrant.

A search of defendant’s vehicle revealed twenty-one2 3 firearms, including rifles, shotguns, and handguns. In addition, the police recovered hollow-nose bullets from the Glock handgun and a large capacity magazine.4

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Cite This Page — Counsel Stack

Bluebook (online)
65 A.3d 865, 430 N.J. Super. 517, 2013 WL 2149760, 2013 N.J. Super. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reininger-njsuperctappdiv-2013.