Jemel Vickers & Brandon Gibbons reportedly arrested for traffic infractions in Rochelle Park, NJ

Jemel Vickers and Brandon Gibbons were arrested on Monday, July 31, 2012 as they reportedly sped away from a Shoprite store on Passaic Street in Rochelle Park, New Jersey. Police stopped the men for traffic infractions. A search of the vehicle uncovered a stash of disposable diapers and baby formula [totaling approximately $1,000.00] as well as at least 12 forged credit cards.

No further details regarding the stop and search of the car have been disclosed to date. These will likely be crucial details in determining the legality/Constitutionality of the stop and search as well as the admissibility of the corresponding evidence. Of significance, no details are apparent as to the justification for the search of the vehicle even if the stop of the vehicle is held valid. Unless the items were in plain view, the police must have a warrant or be able to demonstrate an exception to the Warrant requirement of the United States and New Jersey Constitutions.

The New Jersey Supreme Court decided, in the case of State v. Pena-Flores, that police officers can search a vehicle without a warrant only if there is both probable cause that the vehicle contains evidence and exigent circumstances that justify the absence of a warrant. Whether there is exigency, or immediacy of danger of loss of evidence or the suspect potentially attempting to access a weapon, the Courts view this under a fact specific standard based upon the individual case. Tactically savvy Attorneys will contest the government’s claims and press to deter mine whether the search conducted by the police was illegal. If so, that evidence may be the subject of a Motion to Suppress evidence to have the evidence thrown out from consideration and all charges dropped related to those items. In order to sustain the search and admissibility of the evidence, the police must establish probable cause that the vehicle contains evidence. Even so, to establish the required second element, exigency, the search must fall into one of the categories of “exigent circumstances” exceptions that either the Supreme Court of New Jersey or the Supreme Court of the United States has recognized. Some of these include the “emergency” exception, the “regulatory authority” exception, the “third-party intervention” exception, the “inventory search” exception; the “consent search” exception, the “search incident to arrest” exception, the “deceptive guest” exception, and the “automobile” exception.

The police theorize that the men were using these forged credit cards to buy baby formula and diapers and then sell them quickly at a reduced, cash-only price.

Police sources also advised that credit card fraud is becoming more and more common nowadays and the criminals have recently been choosing baby formula and diapers as a way to make a quick profit. The men have been released on $10,000.00 bail.

If you would like to discuss this blog further, email me at Matthew@jtlaw.org