NJ Appellate Court Reverses Suppression Denial Based on Anonymous Tip

State of New Jersey v. Sincere Daniels 

Docket No. A-2388-22

Decided August 1, 2024

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized pursuant to a warrantless search.

On March 15, 2022, at approximately 4:15 p.m., a lieutenant from the Criminal Intelligence section assigned a detective to investigate an anonymous tip from the Newark Police Department’s Gun Stoppers hotline. The lieutenant advised that a tipster provided information that at Columbia Avenue and South Orange Avenue, “a black male wearing a black sweatsuit and grey sneakers had a gun on him” and that “the male was standing near a male who was wearing a grey sweatsuit.” There was no information regarding who the tipster was or how the lieutenant obtained the information.

Officers dressed in plainclothes responded to that intersection and saw a group of males congregate in front of 773 South Orange Avenue. A black male wearing a black sweatsuit and gray sneakers, later identified as defendant, stood near the other male wearing a grey sweatsuit.  According to the report, while traveling westbound on South Orange Avenue, the detective saw the male in the grey sweatsuit tap defendant on the arm while looking at his police car. The detective also noted that while traveling toward Cedar Avenue, the defendant turned and faced his police car and immediately turned his back to the car. As the detective approached Cedar Avenue, the defendant was still looking at the police car while holding the front waistband of his sweatpants.

Officers soon made contact with the defendant and yelled, “Newark Police stop.” Defendant began to run with his cellphone in one hand and his other hand in his waistband. Defendant eventually tripped and fell to the ground and dropped his cellphone while keeping his other hand still in his front waistband. Detectives immediately grabbed defendant and retrieved a loaded .45 caliber handgun from the his waistband. Defendant was subsequently indicted on weapons related charges and resisting arrest.

Defendant eventually filed a motion to suppress evidence obtained during the stop and contended that the officers responding to the anonymous tip did not have a reasonable suspicion of criminal activity to justify the stop pursuant to Terry v. Ohio, 392 U.S. 1 (1968). Defendant argued that the anonymous tipster was not reliable and provided only a description of clothing worn by defendant and another male.  He also relied on State v. Tucker, 136 N.J. 158, 169 (1994), arguing that flight alone is not ample evidence of reasonable suspicion. The trial court denied defendant’s motion in a written opinion, articulating that the totality of the circumstances, based on the officers’ training and experience, which was not included within the report, as well as the anonymous tip and defendant’s actions, justified a reasonable suspicion to stop and frisk defendant. However, the trial court concluded that the anonymous tip was unreliable because it provided information about defendant’s appearance and location and no other information that explained why defendant possessed a gun. Despite this fact, the court found that under the totality of the circumstances, the officers had a reasonable suspicion of criminal activity because other evidence arose before the seizure began that corroborated the tip.

Following the denial of his motion, defendant plead guilty to second-degree unlawful possession of a weapon and was sentenced in accordance with the plea agreement to a four-year prison term with one year of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6(c). Defendant subsequently appealed.

On appeal, defendant argued that the trial court erred in denying his motion to suppress because the police lacked a reasonable and articulable suspicion for the stop.    “In determining the reliability of a tip, a court must consider an informant’s ‘veracity,’ ‘reliability,’ and ‘basis of knowledge.'” State v. Stovall, 170 N.J. 346, 362 (2002) (quoting Alabama v. White, 496 U.S. 325, 328-29 (1990)). “In determining whether reasonable suspicion exists, a court must consider ‘the totality of the circumstances-the whole picture.'” Stovall, 170 N.J. at 361 (internal citations omitted). The reliability of the tip is part of the totality of the circumstances analysis. Id. at 361-62. “An ‘anonymous tip standing alone cannot justify a Terry stop.'” State v. Richards, 351 N.J. Super. 289, 303-04 (App. Div. 2002).

Ultimately, the Appellate Court determined that the trial court erred in denying defendant’s motion to suppress because the totality of the circumstances did not establish a reasonable articulable suspicion for the investigatory stop of defendant. The Appellate Court articulated that defendant was stopped based solely on an unreliable anonymous tip. With nothing more than the anonymous tip, the detective did not have an articulable and reasonable suspicion that criminal activity had occurred or would shortly occur. Accordingly, the court reversed and vacated the January 27, 2023 order denying defendant’s suppression of the handgun and remanded the matter for a full evidentiary hearing.

At Hark & Hark, we are experienced attorneys who represent clients in Superior Court for issues like the previously discussed case pertaining to motions to suppress evidence seized as the result of an unlawful search. We work hard to ensure that our clients receive exceptional representation in order for them to receive the most favorable outcome in their case as a result.

We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing a similar situation to that of the defendant in this case, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, and Warren County and any town including Audubon, Gloucester City, Oaklyn, Audubon Park, Gloucester Township, Pennsauken, Barrington, Haddon Heights, Pine Hill, Bellmawr, Haddon Township, Pine Valley, Berlin Borough, Haddonfield, Runnemede, Berlin Township, Hi-Nella, Somerdale, Brooklawn, Laurel Springs, Stratford, Camden, Lawnside, Voorhees, Cherry Hill, Lindenwold, Waterford, Chesilhurst, Magnolia, Winslow, Clementon, Merchantville, Woodlynne, Collingswood, Mt. Ephraim, and Gibbsboro.