State of New Jersey in the Interest of K.W., a Juvenile

── State of New Jersey in the Interest of K.W., a Juvenile ── Court: New Jersey Superior Court Appellate Division Date: May 14, 2026 Category: General RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2976-24 STATE OF NEW JERSEY IN THE INTEREST OF K.W., a juvenile.1 _________________________ Submitted May 5, 2026 – Decided May 14, 2026 Before Judges Perez Friscia and Vinci. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FJ-07-0710-25. Jennifer N. Sellitti, Public Defender, attorney for appellant K.W. (Susan L. Romeo, Assistant Deputy Public Defender, of counsel and on the brief). Theodore N. Stephens, II, Essex County Prosecutor, attorney for respondent State of New Jersey (Matthew E. Hanley, Assistant Prosecutor, of counsel and on the brief). PER CURIAM 1 We use initials to protect the identity of the juvenile involved in this case. See R. 1:38-3(d).  Defendant K.W. appeals from the Family Part adjudication of delinquency entered after a plea for conduct which, if committed by an adult, would constitute: second-degree unlawful possession of a handgun, N.J.S.A. 2C:39- 5(b)(1); fourth-degree possession of prohibited ammunition (hollow-nose bullets), N.J.S.A. 2C:39-3(f)(1); and third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3)(A). K.W. challenges the trial court's denial of his motion to suppress. Having reviewed the record, parties' arguments, and applicable law, we affirm. I. We summarize the facts and procedural history from the record. On November 25, 2024, following his arrest, the State filed a juvenile delinquency complaint against K.W. for weapons-related and resisting arrest charges. K.W. was sixteen years of age at the time he committed the offenses. K.W. moved to suppress the evidence seized after his arrest and the court held oral argument. During argument, K.W. asserted suppression was warranted because he was arrested without probable cause, noting he was not a target of the underlying criminal investigation. He highlighted the State did not charge him with any earlier offense. He moved for an evidentiary hearing, alleging A-2976-24 2 there were material issues of fact in dispute surrounding the lawfulness of the seizure, which the court granted. On February 11, 2025, the court held an evidentiary hearing. The State presented Officer Brandon J. Cunha as a witness, who testified that on November 25, 2024, he was working for the New Jersey State Police (NJSP) Auto Theft Taskforce. Cunha was with other officers conducting surveillance of two target individuals in Newark. The officers observed the two target individuals and a third person, later identified as K.W., enter a restaurant. Cunha entered the restaurant to arrest the two target individuals. Cunha had knowledge that the target individuals previously had exhibited "dangerous behavior," which caused him to approach the restaurant arrest "with a heightened sense towards caution." Upon entry, he observed one target sitting on a bench next to K.W. Cunha directed the target and K.W. not to move. After K.W. moved his hands upwards, Cunha "tried to pin [K.W.'s] hands to [his] bod[