State v. Soto

In State v. Soto, 324 N.J. Super. 66, 734 A.2d 350 (Law Div.1996), the defendants moved to suppress evidence of narcotics found in their cars, based on their claim of selective enforcement. The defendants produced substantial statistical evidence tending to show the disproportionate stopping of minority motorists on the Turnpike, Id., at 69-73, 734 A.2d 350, and the State was not able to refute it, Id. at 73-78, 734 A.2d 350. The trial court found that these statistical disparities between the number of stops of minority drivers which one would expect and the number of stops actually conducted were "stark," and the State's attempt to respond at the hearing consisted merely of "denials and the conjecture and flawed studies" of the State's statistical expert. Id. at 85, 734 A.2d 350. In addition, the Soto court was presented with evidence regarding training activity of the State Police throughout the State. Id. at 78-81, 734 A.2d 350. The court noted that the defendants had presented evidence that, through these training methods, "the State Police hierarchy allowed, condoned, cultivated and tolerated discrimination between 1988 and 1991 in its crusade to rid New Jersey of the scourge of drugs." Id. at 78, 734 A.2d 350. A former superintendent of the State Police admitted in an interview that "violating rights of motorists" was not nearly as important as controlling illegal drug activity in the State. Id. at 81, 734 A.2d 350. He made other comments that also supported the notion that the State Police hierarchy allowed and tolerated discrimination. Id. at 81-83, 734 A.2d 350. In short, the defendants in Soto proved a de facto policy by the State Police of "targeting blacks for investigation and arrest between April 1988 and May 1991 both south of Exit 3 and between Exits 1 and 7A of the Turnpike." Id. at 84, 734 A.2d 350. The Soto court concluded that "the utter failure of the State Police hierarchy to monitor and control a crackdown program operated by the State Police or investigate the many claims of institutional discrimination manifests its indifference if not acceptance." Id. at 85, 734 A.2d 350.