The unanimous decision overturns appeals court ruling which said police only had a "hunch"
A 2007 photo of the Justices of the NJ Supreme Court hearing arguments in Trenton. TRENTON — The state Supreme Court said today Roselle police had probable cause to stop and search a fleeing suspect during a 2005 investigation.
During the investigation police had a search warrant for a known drug dealer and saw him talk with Wendell Mann in a Wendy's parking lot. When police converged on them, Mann fled into the fast food restaurant and attempted to flush drugs down the toilet. Then police found additional drugs in his vehicle.
Mann was convicted on drug charges, but appealed. Appellate judges said the search was unlawful because the observed conversation between Mann and the known drug dealer was not a reasonable basis to stop and search Mann.
The Supreme Court reversed the appellate decision, reinstating Mann's conviction.
"The totality of the circumstances gave rise to a reasonable and articulable suspicion the defendant was engaged in criminal activity," wrote former justice John Wallace in the court's unanimous decision. "Thus, the police properly pursued defendant into the Wendy’s restroom and lawfully seized the suspected drugs that defendant attempted to flush down the toilet."
A lawyer for Mann and the Attorney General's Office were not immediately available for comment.