No Suppression Of Handguns Shown In Video
- December 29, 2014
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Ronald Payne was convicted in the Superior Court of New Jersey, Essex County for two counts of second-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(b)), third-degree receiving stolen property (N.J.S.A. 2C:20-7) and third-degree resisting arrest (N.J.S.A. 2C:29-2a(3)(a)) after police received a report of a man in possession with a gun in Belleville, NJ. Upon arriving in the area, police saw the defendant run to a car which sped away as soon as the defendant got in. As police chased the vehicle, Payne pointed a gun at the officers and his actions were recorded by the cruiser’s dash camera. Police ultimately stopped the vehicle and, upon removing the defendant, saw two handguns in plain view on the vehicle’s back seat. In State v. Payne, the defendant sought suppression of the weapons discovered, however, the Superior Court judge viewed the patrol car’s video and declined to hold a suppression hearing. The defendant pled guilty and was sentenced to 5 years in prison with a 3 year parole ineligibility period under the Graves Act (N.J.S.A. 2C:43-6(c)). The defendant appealed the denial of his suppression motion without an evidentiary hearing and the court’s failure to award him appropriate jail credits at sentencing as a result of a parole violation. The NJ Appellate Division found that the defendant’s appeal of the suppression motion was without significant merit as the video showed enough to see the handguns in plain view and leave no material facts in dispute, under State v. Hewins, 166 N.J. Super. 210 (1979), with regard to the handguns. The Appellate Division did remand the matter to the trial court to determine whether the 720 jail credit awarded to the defendant was appropriate or whether he was entitled to additional jail credits. Second-degree unlawful possession of a firearm or handgun carries up to 10 years in prison with a mandatory parole ineligibility period under the Graves Act. If you are facing weapons charges, you should seek experienced criminal defense counsel immediately. For more information about weapons possession, use or possession of a gun in the commission of a crime, possession of a handgun without a permit, weapons possession while on probation or parole, illegal weapons or other serious charges in NJ visit HeatherDarlingLawyer.com.This blog is for informational purposes only and not intended to replace the advice of an attorney.