Drug arrest in Franklin, five-year prison sentence tossed over warrant
An appeals court has overturned a New Brunswick's man conviction and five-year prison sentence on cocaine charges because the police did not have "reasonable" suspicion to stop him as he was walking toward a vehicle.
The case involving Melvin Peralta, 33, has been remanded to Superior Court, the appeals court ruled on Nov. 9.
Peralta was released from the custody of the New Jersey Department of Corrections on March 31, according to the department's website. Peralta had also been serving sentences of weapons possession in Middlesex County.
On Nov. 18, 2015, the Somerset County Prosecutor’s Office Organized Crime and Narcotics Task Force received information from the U.S. Drug Enforcement Administration about an investigation with ties to Somerset County.
The investigation, based in Indiana, led to a seizure there of a significant amount of methamphetamine. As part of the investigation, federal agents were led to a New Brunswick address and a white Infiniti SUV that could be connected to the investigation, according to the ruling.
Federal agents placed the New Brunswick address under surveillance and saw a white Infiniti SUV leave and travel to Ralph Street in Franklin.
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Because the DEA was short on manpower, the agency asked for help from the Somerset County Task Force surveilling the Ralph Street location.
Detective Selim Senel led a team of about 12 task force officers in the surveillance where the Infiniti was parked.
During Peralta's May 2019 suppression hearing, Senel testified the DEA did not provide the county detectives with an address on Ralph Street, a specific property to watch or the names of any suspects so they did not know who they were looking for, according to the ruling. The detectives were assigned surveillance and to identify anyone who approached the white SUV.
The vehicle remained on Ralph Street for about an hour with no suspicious activity. Then one detective got a closer look and saw a man sleeping in the SUV.
Two men were then spotted leaving a Ralph Street home and approaching the SUV with one holding a bag. One man got in the SUV and sat in the driver's seat while the other man, identified as Peralta, stood at the rear of the driver's side of the vehicle talking to the man in the driver's seat, the ruling states.
Senel issued a takedown order and task force officers rushed toward the SUV wearing police and DEA vests and their weapons holstered to surround the three men. While a detective removed the man from the driver's seat, Detective Sgt. Michael Guerra physically restrained Peralta and told him there was a narcotics investigation underway, according to the ruling.
Peralta was ordered to remove his hands from his pockets. Peralta then said he had something on him and removed a clear plastic bag with a white powder, handed it to Guerra, and was read his rights and placed under arrest, the ruling states.
In January 2016 Peralta was indicted on four counts including possession of cocaine with the intent to distribute. He filed a motion to suppress the evidence but was denied by the trial court.
In July 2019 Peralta pleaded guilty to the cocaine charge in exchange for a five-year prison sentence and was sentenced in September 2019.
Peralta filed an appeal arguing he was detained without a warrant in violation of his right against unreasonable search and seizure. The police testified Peralta was arrested prior to the evidence being seized.
The appeals court agreed with Peralta.
"This was an investigatory stop. As such, the officers conducting such stops required a reasonable and articulable suspicion in order to proceed," the ruling states.
The appeals court said that Guerra sprang from his vehicle to detain Peralta at Senel's command, but not due to any suspicious activity.
"The police didn't know who (Peralta) was and they hadn't seen him engage in any suspicious activity," the court wrote.
Email: srussell@gannettnj.com
Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: Franklin NJ drug arrest, five-year prison sentence tossed
