Interesting NJ case

[press1280]

http://dustinshanereininger.com/
http://www.nj.com/hunterdon-county-democrat/index.ssf/2011/11/texan_passing_through_new_jers.html

IMO the guy is screwed as far as a FOPA or NJ "moving" exemption because of the loaded handgun, but the search part peaked my interest. Cop sees 2 guns in the back, decides he has probable cause to search even though there's no warrant. Are guns (which can be legal,unlike pot) probable cause for a search? I believe the guy didn't consent to a search either from the "hindering" charge that he also got. It was only after his car was seized that the warrant came in. There was a case in NM I believe where open carry of a firearm was not probable cause, even if people rarely do it. The fact that the activity could be lawful(w/permit or otherwise) is extremely importatnt.

 

[Mr. Ed]

After reading the linked articles a few times, it seems that this guy is guilty of incredible bad judgement. First, parking behind a bank building overnight is a red flag to any good law enforcement guy and will lead to a conversation with the guy in the car, at the very least. Then, having two firearms IN PLAIN SIGHT on the back seat of the vehicle had to raise the LEO's blood pressure and escalate what might have been a friendly request to move the car and sleep somewhere else, to a much higher level. Sure can't blame the LEO for that.

Then add the fact that there were a few loaded firearms, including some hollow point ammo that NJ deems 'inappropriate', and you have a recipe for major disaster.

However, trying (and convicting) him in absentia seems unlawful (and just plain wrong) as he was not given a chance to defend himself or confront his accusers. I wish him the best of luck, but wow.

Of course, just being in New Jersey shows bad judgement (my personal prejudice based on experience), and spending the night there under any circumstances is asking for trouble.

 

[MDFF2008]

It wouldn't surprise me if NJ's licensing laws said seeing a gun is probable cause to check someone's permit.

I don't really feel for him. There is a ton of information online about how to travel safely with guns. He chose not to do his research. There is a ton of information about how NJ is very anti-gun. He chose not to read it.

Sleeping behind a bank, guns out, so much fail.

I almost don't' feel bad they tried him in absentia. He had plenty of knowledge of the trial, he skipped bail, and I guess thought Texas would protect him?

Make stupid choices....

 

[press1280]

From defendant:The Officer removed Dustin from the vehicle stating in the Video that he saw a Firearm Case in the rear of the vehicle that looks like a case he owned at home for his Firearm. The Case the Officer was seeing was a Duffle Bag made out of Nylon Material and was not a Firearm Case. But the Officer did not see this bag until he looked inside of Dustin’s vehicle while Dustin had his window open, as the windows were Blacked Out. This is when the Officer contacted his dispatcher via radio to let them know he had a vehicle with a firearm when in actuality it was just a Nylon Duffle Bag. During an evidence hearing that next year in 2010 that all of the Firearms where cased when they removed them from the vehicle. The Officer testified during the Evidence Hearing that he Profiled the Vehicle because of the Texas License Plates stating that since People in Texas are Pro-Gun that there had to be Guns in the vehicle. The Officer also said in the Video 2 times that he knew the vehicle had guns because of the Texas License Plates.

Is a search warranted because of Texas plates? Also, he's claiming all firearms were cased, which puts FOPA back on the table.

 

[teratos]

From defendant:The Officer removed Dustin from the vehicle stating in the Video that he saw a Firearm Case in the rear of the vehicle that looks like a case he owned at home for his Firearm. The Case the Officer was seeing was a Duffle Bag made out of Nylon Material and was not a Firearm Case. But the Officer did not see this bag until he looked inside of Dustin’s vehicle while Dustin had his window open, as the windows were Blacked Out. This is when the Officer contacted his dispatcher via radio to let them know he had a vehicle with a firearm when in actuality it was just a Nylon Duffle Bag. During an evidence hearing that next year in 2010 that all of the Firearms where cased when they removed them from the vehicle. The Officer testified during the Evidence Hearing that he Profiled the Vehicle because of the Texas License Plates stating that since People in Texas are Pro-Gun that there had to be Guns in the vehicle. The Officer also said in the Video 2 times that he knew the vehicle had guns because of the Texas License Plates.

Is a search warranted because of Texas plates? Also, he's claiming all firearms were cased, which puts FOPA back on the table.

Wow, just wow. I can't believe the officer can make that argument with a straight face.

 

[press1280]

Wow, just wow. I can't believe the officer can make that argument with a straight face.

He probably doesn't think anything of it since he knows the NJ judges will back him up on it. A Federal judge may be a different story, however.

 

[MDFF2008]

He's an NJ cop; wha do you expect?

I don't think FOPA will cover him since he was spending the night. Now there might be a 4th amendment claim if the guns were not visible and a search warrant was issued based soly on his Texas license plates; but he admitted they were in the car. If they found the guns based off the warrant; they would most likely be excluded as fruit of the poisonous tree, but he admitted to them.

Also; he has the whole ugly business of not showing up for court a year later.

I looked up US Route 22. There are 337 miles of US-22 in PA and 60 in NJ. Prior Planning Prevents Preventable Problems.

 

[press1280]

He's an NJ cop; wha do you expect?

I don't think FOPA will cover him since he was spending the night. Now there might be a 4th amendment claim if the guns were not visible and a search warrant was issued based soly on his Texas license plates; but he admitted they were in the car. If they found the guns based off the warrant; they would most likely be excluded as fruit of the poisonous tree, but he admitted to them.

Also; he has the whole ugly business of not showing up for court a year later.

I looked up US Route 22. There are 337 miles of US-22 in PA and 60 in NJ. Prior Planning Prevents Preventable Problems.

He's saying he stopped to snooze for 4 hours or so. It would be a good test case for FOPA, assuming his side of the story is accurate. This case highlights the need for added protection for firearms owners who are traveling.
Yea, he should've probably considered a more friendly route, but really he has a right to travel through whatever states he wants. No court will tell someone to go a different route.

 

[MDFF2008]

He's saying he stopped to snooze for 4 hours or so. It would be a good test case for FOPA, assuming his side of the story is accurate. This case highlights the need for added protection for firearms owners who are traveling.
Yea, he should've probably considered a more friendly route, but really he has a right to travel through whatever states he wants. No court will tell someone to go a different route.

That does change things a bit. It does allow short stops for food and such; a sit down dinner could take 2 hours.

It sounds a lot like Williams. A case that asks a great legal question; but in a poison package.

 

[john_bud]

Note to self -- yet another reason to avoid jersey at all costs

 

[press1280]

NJ appeals court upholds convictions (like that's a shock).

Opinion: http://www.thenewspaper.com/rlc/docs/2013/nj-guns.pdf

Once again, their justification under Heller is the one-liner about carrying a weapon for any purpose whatsoever.
Unfortunately the defendant made a bunch of errors(the biggest of which was stopping in NJ).