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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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link for decision document:

http://www.thenewspaper.com/rlc/docs/2013/nj-guns.pdf

1 posted on 05/28/2013 6:19:11 PM PDT by KOZ.
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To: KOZ.

As if I needed another reason to avoid New Jersey.


2 posted on 05/28/2013 6:22:34 PM PDT by Kozak (The Republic is dead. I do not owe what we have any loyalty, wealth or sympathy.)
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To: KOZ.

5 years.

And illegal immigrant sexual predators are out on the street in days...


3 posted on 05/28/2013 6:23:22 PM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: KOZ.

Chicken $hits!


4 posted on 05/28/2013 6:23:37 PM PDT by isthisnickcool (NO MORE IRS!)
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To: KOZ.

A previous article on the story:
http://www.nj.com/hunterdon-county-democrat/index.ssf/2011/04/fugitive_is_captured_in_texas.html


5 posted on 05/28/2013 6:23:41 PM PDT by KOZ.
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To: KOZ.

Assholes ...


6 posted on 05/28/2013 6:24:58 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: KOZ.

W?!?!?T?!??!?!?F?!???!?!?!?!?!


7 posted on 05/28/2013 6:25:01 PM PDT by stevio (God, guns, guts.)
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To: KOZ.

Courts are obviously corrupt.
Th
is guy did nothing wrong that I can see and his rights were violated.

The jury should have nullified all charges.


8 posted on 05/28/2013 6:25:17 PM PDT by smokingfrog ( ==> sleep with one eye open (<o> ---)
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To: KOZ.

Thats FUBAR.


9 posted on 05/28/2013 6:28:30 PM PDT by Delta 21 (Oh Crap !! Did I say that out loud ??!??)
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To: KOZ.
none of this violated any gun laws in Texas ~ the Governor should have rejected the request for extradition.

The New Jersey Governor could yet show his good faith and pardon the fellow.

So, here's a couple of things wrong with the Republican party ~ EVIL MEN IN POSITIONS OF AUTHORITY

10 posted on 05/28/2013 6:28:54 PM PDT by muawiyah
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To: KOZ.

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 ... ??


11 posted on 05/28/2013 6:30:57 PM PDT by oilwatcher
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To: KOZ.

Sadly not unbelievable. Too bad Texas didn’t refuse to arrest and extradite him. Would have like to see the dust up when NJ tried to invade.


12 posted on 05/28/2013 6:32:24 PM PDT by Eagles6 (Valley Forge Redux)
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To: KOZ.

Another crazy NJ case
http://www.foxnews.com/politics/2011/01/18/traveling-mans-gun-arrest-appealed-supreme-court/


13 posted on 05/28/2013 6:33:12 PM PDT by crusadersoldier
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To: KOZ.

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.”

If I were driving that distance I would also have looked nervous and tired after having some clown banging on my car window a blinding me with his flashlight.

Hell!I thought Connecticut was bad.It has nothing on New Jersey.

I will never go there for a vacation that’s for sure.


14 posted on 05/28/2013 6:34:31 PM PDT by puppypusher (The World is going to the dogs.)
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To: Kozak
I hate to admit that I was born and raised in NJ. With crap like this and so many other foul deeds, the damn state is being damned! I will go to a reunion and Rutt’s Hut but that is the limit of my contact. I am thinking seriously of changing my funeral plans!
15 posted on 05/28/2013 6:36:12 PM PDT by BatGuano (You don't think I'd go into combat with loose change in my pocket, do ya?)
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To: KOZ.
When does it become a crime for exercising one's right?"

Kinda depends on where you're at.

16 posted on 05/28/2013 6:38:36 PM PDT by umgud (2A can't survive dem majorities)
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To: muawiyah
The New Jersey Governor could yet show his good faith and pardon the fellow.

Here's the brutal truth.
Anyone who expects decent behavior out of a RINO has simply NOT! been paying attention.

17 posted on 05/28/2013 6:38:50 PM PDT by stormhill (Guns Save Lives!)
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To: KOZ.
New Jersey violates Article 4 of the U.S. Constitution-

Article IV - The States Section 1 - Each State to Honor all others S.section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

18 posted on 05/28/2013 6:39:03 PM PDT by bunkerhill7 (("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.))
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To: stormhill
look, we got two Republican governors involved in this ~ one in Texas and another in New Jersey ~ one of them is a REAL Rino who ran as a Republican only so he could win. The other is a fake RINO

They can both show their interest in ancient American traditions, customs and fundamental rights by making sure this guy doesn't go to jail!

19 posted on 05/28/2013 6:46:39 PM PDT by muawiyah
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To: KOZ.

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.*****

So you can’t own handguns, hollow points, shotguns, rifles or high capacity magazines in NJ?

Avoid NJ like the plague.


20 posted on 05/28/2013 6:46:44 PM PDT by bereanway
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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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To: puppypusher
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.

It's ok dude, I'm with the band!


38 posted on 05/28/2013 7:06:48 PM PDT by DeepInTheHeartOfTexas
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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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To: puppypusher
The mafia traditionally used MUSICAL INSTRUMENT CASES

Now you know why!

41 posted on 05/28/2013 7:10:40 PM PDT by muawiyah
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To: muawiyah
..none of this violated any gun laws in Texas ~ the Governor should have rejected the request for extradition

I totally agree. There was abolutely no way that he was not going to be found guilty & convicted of something, anything, if he was extradited back to NJ. TX Gov Perry really dropped the ball on this for a allowing a fascist police persecution of a lawful citizen. What a crock of sh_t!

Our judicial system is completely out of control with its arbitary & unlawful rulings.

42 posted on 05/28/2013 7:13:44 PM PDT by rcrngroup
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To: KOZ.; All
Photo & Video Sharing by SmugMug

43 posted on 05/28/2013 7:14:04 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: muawiyah

The mafia traditionally used MUSICAL INSTRUMENT CASES

Now you know why!

Yea!but you can always place a sawed off shotgun in a box containing a Bouquet of Roses.

I learned that from the God Father.


44 posted on 05/28/2013 7:14:33 PM PDT by puppypusher (The World is going to the dogs.)
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To: SkyDancer
Stay out of ME, NH, NY, MA, CT, PA, NJ, DE, MD and DC. VA, NC, SC, GA and FL are not nearly as troublesome.

States that adhere to the 2nd amendment should refuse to extradite anyone to a state that does not adhere to the 2nd amendment if supposed violation of a gun law of any kind is involved.

45 posted on 05/28/2013 7:14:57 PM PDT by muawiyah
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To: rcrngroup

Perry prefers Mexicans to Americans ~ that’s just one of his many problems. This is another ~ he’s a doufous!


46 posted on 05/28/2013 7:16:14 PM PDT by muawiyah
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To: coloradan
Never talk to the cops.

http://www.youtube.com/watch?v=08fZQWjDVKE

47 posted on 05/28/2013 7:16:51 PM PDT by Paladin2
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To: DeepInTheHeartOfTexas
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.

Diaper bags make great range bags. Who would steal a bag full of dirty diapers?

48 posted on 05/28/2013 7:17:08 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: muawiyah

Ill. can make you sick too.


49 posted on 05/28/2013 7:17:39 PM PDT by Paladin2
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To: muawiyah

Oh just knock it off!!


50 posted on 05/28/2013 7:18:01 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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