Kenneth Vercammen & Associates, P.C.
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Saturday, August 18, 2012

State v. Carlton Harris (A-111-10; 067929)

State v. Carlton Harris (A-111-10; 067929)
Items seized during a search conducted pursuant to a warrant issued under the Prevention of Domestic Violence Act can serve as the basis for a subsequent criminal prosecution if their illegal nature is immediately apparent. A firearm’s serial number is visible simply by looking at the weapon. Recording that number does not constitute a seizure, and entry of that number into the NCIC system and review of the results does not constitute a search. Whether the officers could recognize immediately that the assault rifle and large capacity magazines were illegal to possess are factual determinations that must be remanded to the trial court.