The Jersey Lawyer

In an unpublished opinion in the case of State v. Privott, the Appellate Division confirmed that an anonymous tip from an informant that a suspect has a gun does not justify a search of the suspect.  In this case, police received an anonymous phone call in Plainfield, New Jersey that a man was in possession of a handgun.  The informant described the suspect as “tall, dark complexed (sic) black male wearing a black and red ball cap and a black jacket.”  A police officer saw the defendant standing on a street corner.  According to the police officer, the defendant matched the description of the informant, except that he was wearing a red jacket and not a black jacket.

According to the officer, as he approached the suspect (suspected by the officer from a previous investigation to be a gang member), the suspect’s hand went to his waistband.  The officer testified that he knew that gang members in this area sometimes hid guns in their waistband, so he frisked the defendant.  The officer did not find a handgun in the defendant’s waistband, but did find drugs.

The Appellate Division held that the search by the officer was illegal because an anonymous tip from an informant that a suspect has a handgun is not sufficient cause for an officer to search a suspect.   If there is no individualized  suspicion that the suspect has committed a crime and may be in possession of a weapon, the police do not have the right to conduct a “stop and frisk” search.   The Court pointed out that to allow searches based solely on an anonymous tip would enable anyone seeking to harass another person to set in motion an intrusive and embarrassing police search by simply calling in an anonymous tip that the person has a firearm.

If you have been charged with a crime in New Jersey, a New Jersey criminal defense lawyer may be able to suppress the evidence obtained by the police and prosecutors against you if that evidence was obtained through an illegal search.  The constitutions of the United States and the State of New Jersey protect citizens from unreasonable searches and seizures, and a lawyer can help to make sure that your rights are protected.