This was one of the most interesting criminal cases Mr. Davar Yusufi has handled . Mr. Reyes was a business owner in Essex county NJ . Because his business was slow he decided to sell cocaine in order to earn extra money to support his family. He was put under investigation by the NJ state authorities and thus there were confidential informants involved in pre arrest stage of Mr. Reyes . Based on confidential informant advise there was a transaction suppose to transpire close to school zone in Essex county and as such the NJ police conducted surveillance and followed Mr. Reyes while he was driving. Another driver approached Mr. Reyes car and Mr. Reyes realized he was being followed by the NJ police and as such via assertive conduct (nodding his hand )the other driver drove away. As Mr. Reyes was parking his car Police officers approached Mr. Reyes car and asked Mr. Reyes to roll down the window . Upon rolling down the window police officers observed a bag containing cocaine around the console of Mr. Reyes car . Additionally , they found more cocaine in the trunk of his car.

The police officers arrested Mr. Reyes and told him if he ( Mr. Reyes ) consents to search of his home for a hand gun and No handgun is found they will release him . Mr. Reyes consents to the police going to his home to look for a gun . Upon entering Mr. Reyes home the police officers discover cocaine lab and more cocaine.

Mr. Reyes is taken to police station and at the police station the officers with the assistance of an interpreter and witness tell him if he writes on a piece of paper this was his cocaine and he was going to sell it, they will release him .
Unfortunately, Mr. Reyes writes in his own words what the officers told him to write and signs it.

He is charged with drug distribution an indictable offense in the state of NJ. He retains a high profile criminal defense attorney who negotiated a 5 year prison sentence for Mr. Reyes with the NJ attorney general office who were prosecuting the case at the time.

Mr. Reyes could not accept the 5 year prison plea deal and retained Mr. Davar Yusufi.

Davar Yusufi examining the facts realized there was a Constitutional Violation ( issue of search and seizure ) . Initially when the police officers approached Mr. Reyes vehicle and observed cocaine around the console of the vehicle only if the cocaine was on top of the console the “ Plain View “ exception would apply and officers could have searched his car . But , the cocaine was under the console and as such NOT in plain view . So , Mr . Davar Yusufi filed a motion to suppress the evidence and dismiss the indictment on grounds of poisonous tree unreasonable search and seizure.

The presiding criminal judge taking into account the circumstances and the mitigating factors including the issue of unreasonable search and seizure placed Mr. Reyes on Probation NO prison time.