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)
Now you know why!
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.
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.
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.
Perry prefers Mexicans to Americans ~ that’s just one of his many problems. This is another ~ he’s a doufous!
http://www.youtube.com/watch?v=08fZQWjDVKE
Diaper bags make great range bags. Who would steal a bag full of dirty diapers?
Ill. can make you sick too.
Oh just knock it off!!
It’s all Perry’s fault.
Sheesh!
Who would try to steal anything at the range?
Rienenger sounds like a bit of a doofus.
That said, Firearms laws are so convoluted from state to state that compliance is difficult at best.
Federal S.922 laws are the same way.
It is best to err on the side of caution while thumping them in the courts.
Ah, sanctuary states for the good guys. I like it.
Anyone who knowingly lives in a state like that deserves whatever happens to them. There are no fences or walls keeping people in New Jersey, Maryland, New York, Colorado, California and the like. No one is stopping them from moving to Texas or someplace similar.
The guy is an ex-cop. He should have known better. Keep the ammunition away from the guns, and keep the guns locked (not zippered) in a hard carrying case.
Either he forgot about the loaded pistol (stupid), or he just wasn't aware of how fascist New Jersey is (again, stupid).
Either way, any prison time is out of line here. This would be a good time for Christie to step up and show he has at least some conservative credentials. Pardon the man.
The problem is they bring there ways here.
Somebody has to fight them on their turf.
Parking behind the Bank wasn’t real bright.
I remember when this was a free country.
Not so sure about New Jersey, ever.
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