Report: Cops violated Bound Brook’s man’s Miranda rights; judges reverse conviction

BOUND BROOK – A borough man’s conviction in a 2008 drug case has been reversed pending a new trial after the appellate court found two detectives had violated his Miranda rights.

Terrance Atkins and two others were arrested in December 2008 following a traffic stop during which police found cocaine, marijuana, a pellet gun and a face mask inside Atkins’ vehicle, according to NJ.com.

Atkins was later convicted on drug and weapons charges and sentenced to eight years in prison, the report says. He also pleaded guilty to a separate indictment charging fourth-degree contempt by violating a drug offender restraining order.

According to the appellate court’s ruling, the issue in Atkins’ appeal was whether he invoked his right to an attorney during two interrogations by two detectives.

Authorities with the Somerset County Gangs and Guns Task Force had been monitoring the suspicious behavior of a person who was waiting on a street corner in Bound Brook on Dec. 2, 2008, when Atkins picked up the individual, according to the court ruling.

According to the report, police approached Atkins’ vehicle and found 12 bags of cocaine in plain view inside, police have said. Besides Atkins, Albert Waller, of Bound Brook, and a 16-year-old male were in the car and were taken into custody, the report says. Police said at the time that Waller had attempted to hide three baggies with cocaine residue under the rear seat of the patrol car during transport to headquarters, the report says.

Detective Salvador Martinez, with the Somerset County Prosecutor’s Office, and Detective Michael Vanover, with the Somerset County Sheriff’s Office, twice advised Atkins of his Miranda rights during interviews, but the appellate court found that the detectives bypassed his questions about obtaining legal counsel, according to the report. Vanover, who primarily advised Atkins of his rights, told the court he believed Atkins’ questions were procedural and not an explicit request for an attorney, the report says.

The court’s ruling suppressed the statements made by Atkins while in custody and reversed his conviction pending a new trial.