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New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car
www.thenewspaper.com ^ | 5/27/2013 | http://www.thenewspaper.com/news/41/4110.asp

Posted on 05/28/2013 6:19:11 PM PDT by KOZ.

New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car New Jersey appellate court upholds five-year sentence for ex-cop who was driving with his legally owned guns.

Readington TownshipMotorists driving through New Jersey can be subjected to a warrantless search if their luggage is similar in appearance to a gun case, an appellate court ruled last week. The Superior Court's Appellate Division upheld a five year prison sentence against Dustin S. Reininger, a former police officer who was in the process of moving from Maine to Texas when a Readington Township police officer recognized the cases in the back of Reininger's vehicle as the sort that usually carries a rifle.

During the long trip on March 20, 2009, Reininger became tired and decided to pull off the road in an empty, well-lit parking lot. He stopped his green Toyota SUV, turned off his lights, and went to sleep in the driver's seat under a blanket. At 3:25am, Officer Gregory Wester knocked on his window and woke him up, shining a flashlight in his eyes. Officer Wester testified that Reininger appeared "nervous and tired." The policeman asked Reininger whether he was carrying anything illegal.

"No, no, all good," Reininger replied.

Reininger believes he was targeted because of his Texas license plates. Officer Wester then looked inside the SUV with his flashlight noticed two nylon cases in the back seat. Once backup arrived, Officer Wester asked for consent to search the vehicle, but Reininger said no. Officer Wester then opened up the vehicle to search the cases "for safety reasons" any way. Reininger was arrested.

After obtaining a warrant, police recovered fourteen rifles, four shotguns and three handguns, including a loaded Glock. A grand juror had asked the prosecutor whether this man would have been charged if he had used a different case.

"Basically, if someone is moving... from Residence A to Residence B, or transporting, say, for example, they just purchased it, so they can transport it to their home, if they are properly secured, locked in a trunk, locked in a special lockbox and unloaded, then that would most likely provide an exception to these requirements, and therefore a defense to being charged," prosecutor Bennett Barlyn explained.

Reininger's SUV did not have a trunk, and state law only requires the firearm be in a "closed and fastened case" or "securely tied package" while transported. His attorney argued the zippered cases satisfied this requirement.

A jury acquitted him of the charges for possession of the "assault firearms" and handgun possession but convicted him in absentia of illegal possession of hollow-point bullets, shotguns, rifles and a high-capacity magazine. He was apprehended in Texas and extradited to New Jersey.

"What I don't understand is I am a citizen without a criminal history who has served this country not only in the military but as a volunteer to my community and as a police officer, not even making hardly any income at all, and I would have given my life to protect another person and for this country," Reininger said in a statement. "How can I be convicted for exercising my right? When does it become a crime for exercising one's right?"

The three-judge appellate panel insisted New Jersey's gun control laws do not violate the constitutional right to keep and bear arms, citing the Supreme Court's recent Heller decision.

"The Second Amendment does not create 'a right to keep and carry any weapon whatsoever purpose,'" Judge Ronald B. Graves wrote for the panel. "Furthermore, the Second Amendment does not preclude the state from regulating the manner in which accessories must be transported."

The court also upheld the warrantless search of Reininger's vehicle.

"Based on the outward appearance of the nylon cases, Wester reasonably believed they contained rifles or shotguns that were easily accessible to defendant," Judge Graves wrote. "In our view, however, the warrantless seizure was not necessary for the officers' safety, because defendant had been removed from the vehicle and there were multiple backup officers at the scene. Nevertheless, we conclude the limited seizure was valid under the plain view exception to the search warrant requirement."

A copy of the decision is available in a 170k PDF file at the source link below.

Source: PDF File New Jersey v. Reininger (New Jersey Superior Court, Appellate Division, 5/20/2013)


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; News/Current Events; US: New Jersey; US: Texas
KEYWORDS: banglist; blackrobedtyrants; bloodoftyrants; communism; corruption; democrats; donutwatch; dustinreininger; funj; govtabuse; gregorywester; guncontrol; judicialcorruption; liberalism; nazistate; newjersey; policestate; rapeofliberty; secondammendment; sourcetitlenoturl; tyranny; wester
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To: KOZ.
Readington Township is about 25 miles from the Pennsylvania border. Where he'd be golden...

...except for the loaded handgun.

21 posted on 05/28/2013 6:47:52 PM PDT by Sooth2222 ("Suppose you were an idiot. And suppose you were a member of congress. But I repeat myself." M.Twain)
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To: bereanway

Indeed, I’m not going back.


22 posted on 05/28/2013 6:48:20 PM PDT by JerseyDvl (Cogito Ergo Doleo Soetoro, ABO and of course FUBO!)
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To: oilwatcher

So what the heck is the legal way to transport firearms in New Jersey? They said if he had the weapons unloaded and locked in a trunk, they MIGHT not have charged him ... ??

What would he have done If he were driving a damn Pickup Truck.There is no where in a Pickup to conceal anything.That law just stinks.

I guess if your traveling through Jersey you should place your weapons in a suitcase.Anything but a case that’s designed for that purpose.


23 posted on 05/28/2013 6:48:43 PM PDT by puppypusher (The World is going to the dogs.)
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To: KOZ.

Insanity!


24 posted on 05/28/2013 6:49:40 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: KOZ.

It doesn’t get any sicker than this.
America, RIP


25 posted on 05/28/2013 6:52:14 PM PDT by Lancey Howard
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To: KOZ.

an old mob law? huh..


26 posted on 05/28/2013 6:52:21 PM PDT by NormsRevenge (Semper Fi)
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To: mylife

Agreed!


27 posted on 05/28/2013 6:52:26 PM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: KOZ.

Wow, I think bad luck is headed the way of these tyrannists sooner than they imagine at this rate.


28 posted on 05/28/2013 6:52:37 PM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: mylife

lots of info missing....
#1—parked behind a bank with guns
#2-at first he denied any weapons in the car
#3- for lying it snowballs to him getting arrested


29 posted on 05/28/2013 6:52:59 PM PDT by OL Hickory (Jesus and the American soldier-1 died for your soul/1 died for your freedom)
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To: Eagles6

His federal appeal should cite the priviledges and immunities clause (aka Comity clause) of article IV, section 2 of the constitution. As an out of state person, he can not be punished in one state for exercising a priviledge and immunity that he has in his home state.

This is different from the P or I clause in the 14th Amendment.


30 posted on 05/28/2013 6:57:44 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: KOZ.

Officer Gregory Wester of Readington must be really proud of this. They’ve basically destroyed a man’s life and for what? For exercising his 2nd Amendment rights?

I’m sorry, Gregory Wester has done NOTHING here to “protect and to serve”, unless it is to serve the interests of the leftist “progressives”. Cases such as this are why I have lost my respect for law enforcement. They are becoming arms of oppression instead of protectors of the good citizens of this country.


31 posted on 05/28/2013 6:58:35 PM PDT by House Atreides
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To: isthisnickcool
Chicken $hits!

The modern term is "chicken obamas."

32 posted on 05/28/2013 7:00:07 PM PDT by Standing Wolf
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To: KOZ.

Take it to the next court!!


33 posted on 05/28/2013 7:01:34 PM PDT by G Larry (Let his days be few; and let another take his office. Psalms 109:8)
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To: OL Hickory

I suspect that you are an upstanding citizen. You’d be serving hard time in the same situation if you were in it —no matter how honest you tried to be. The “brave” cop was looking for a “trophy” and he got it.

Destroy a man’s life while doing it? That likely didn’t matter to Officer Gregory Wester if it even crossed his mind.


34 posted on 05/28/2013 7:03:18 PM PDT by House Atreides
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To: muawiyah

I could not eat as much as I would like to vomit


35 posted on 05/28/2013 7:05:00 PM PDT by stormhill (Guns Save Lives!)
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To: OL Hickory

What’s sad is that the Bill of Rights has been allowed to become worthless drivel on toilet paper.

The Right of the People to Keep and Bear Arms Shall Not Be Infringed.

Well, they INFRINGE in all 50 states.


36 posted on 05/28/2013 7:06:07 PM PDT by Dogbert41 (Thy Kingdom come!)
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To: OL Hickory

I have been instructed by LE to lie to LE about whether there are weapons in a car. The answer is always no, I have been informed.


37 posted on 05/28/2013 7:06:21 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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Comment #38 Removed by Moderator

To: KOZ.

Another reason to stay out of the east coast.


39 posted on 05/28/2013 7:06:57 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: OL Hickory

I admit this fellow isn’t the brightest light in the parade.


40 posted on 05/28/2013 7:08:51 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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