State v. Sharpless

In State v. Sharpless, 314 N.J. Super. 440, 450, 715 A.2d 333 (App.Div.1998), the Court addressed the issue of whether the police may stop and conduct a pat-down search of a person whose physical description matches the description contained in an anonymous informant's tip concerning a man armed with a gun, even though the tip is not corroborated by observations of the suspect's conduct which correspond with conduct predicted by the informant. Sharpless, 314 N.J. Super. at 445, 715 A.2d 333. The officer there testified that he received a radio dispatch reporting that someone had seen a black man wearing a green jacket with a hood, armed with a handgun in the area of Atkins Avenue and Adams Street in Asbury Park. The officer drove to the location mentioned in the dispatch and saw a man, later identified as the defendant, standing on a mound of dirt with his hands in his pockets. When the officer approached, defendant took his right hand out of his pocket and started to walk away. At this point the officer hollered to defendant to take his other hand out of his pocket and to get down on the ground. Defendant responded by saying: "What for, I didn't do nothing." Ibid. The officer kept yelling at defendant to take his hand out of his pocket and get down on the ground but defendant did not respond. Ibid. Eventually, the officers, at gunpoint, compelled defendant to lie down. The officers conducted a pat-down search for weapons, which revealed nothing. After arresting the defendant for "alarming conduct" and returning to the area where defendant was standing, the officer found twenty-three "decks" of heroin in glassine bags. Judge Skillman, writing for this court, stated that we are persuaded by the reasoning of U.S. v. Clipper 297 U.S. App. D.C. 372, 973 F.2d 944 (D.C. Cir. 1992), and the other federal circuit courts' decisions that under White's totality of the circumstances test, an anonymous tip relating to possession of a gun may justify an investigatory stop and pat-down search for weapons even though the tip is not corroborated by police observations which conform with the informant's predictions regarding the suspect's future conduct. Sharpless, 314 N.J. Super. at 451-52, 715 A.2d 333. Judge Skillman also stated that the police cannot simply ignore information that an armed person is standing on a street corner, and when the police see someone whose appearance matches that of the alleged armed person, this provides a reasonable basis for them to stop and question the person and at least in some circumstances to conduct a pat down search for weapons. In this case, defendant's failure to accede to Officer Tilton's initial demand that he remove his hand from his pocket and his attempt to walk away from the officer provided an objectively reasonable basis for suspicion that the informant's tip was accurate and that the defendant in fact possessed a weapon. Id. at 452, 715 A.2d 333.