SUPERIOR COURT — A judge determined Tuesday that a Newton police officer was justified when he conducted a stop of an SUV that had a headlight out. The stop led to the arrest of the driver — an identified sovereign citizen — who was found concealing a loaded gun and hollow point bullets.

Judge Thomas J. Critchley rendered his decision Tuesday afternoon denying a suppression motion filed by Louis Nappen, the attorney for Edwin Roman, 36, of Bristol, Conn. In December 2018, Roman was traveling in a white SUV near the intersection of Mill Street and North Park Drive in Newton when he was pulled over for a burned out headlight and subsequently arrested.

“I find that the motor vehicle stop and the subsequent searches and seizures were valid and appropriate under the Fourth Amendment, under our jurisprudence,” Critchley stated.

The decision came four days after testimony was heard from the arresting officer, now-retired Patrolman Jose Morales, who stated he conducted the stop after noticing Roman's white SUV had a main head light out. The stop led to the seizure of two loaded magazines in the glove compartment and a loaded and chambered .45-caliber Springfield XPS handgun on Roman's person.

Nappen argued in court Friday that the motor vehicle stop was not legal, citing a 2018 Supreme Court decision, State v. Sutherland. In the case, the court ruled that a Mount Olive officer did not have the right, under law, to stop a motor vehicle for a single tail light that was burned out. Some vehicles have two tail lights on each side of the vehicle, as was the case in Sutherland, but state law requires that only one tail light needs to be illuminated on each side.

Critchley, who said Friday he believed that officers had probable cause to search and seize evidence from Roman's SUV and his person, under the Fourth Amendment, said the Sutherland case was a different situation than Roman's.

Although Nappen argued that Roman's SUV was equipped with four front lights, Critchley indicated that two of the lights, one on either side, were auxiliary lights.

“We are dealing with a main headlight out on the passenger side, not an auxiliary light,” Critchley stated. “That is what led to the stop. The function of a head light is to illuminate in front, it's different from a tail light.”

Critchley added that he believed it was “reasonable, appropriate and necessary” for law enforcement to conduct a motor vehicle stop to advise the driver that their headlight is out. Often, he said, the person is only made aware of the safety hazard by the officer and is told to get it fixed.

Morales testified Friday that while speaking with Roman near the passenger-side window of Roman's SUV, he saw what appeared to be a weapon inside Roman's glove compartment.

Roman, who told officers he was a “state national,” does not possess a firearms ID in New Jersey. He has identified himself as an Army veteran who is employed as a for-hire private security guard in Connecticut.

Roman was not present in court Tuesday. Nappen appeared via phone and Assistant Prosecutor Jerome Neidhardt appeared in person.

Roman has been identified in court as a sovereign citizen, or one who believes the American government was, at some point, secretly replaced by an illegitimate corporate government based on admiralty law. Roman has also said he is not actually Edwin Roman, but is appearing in court “by special appearance.”

In a prior hearing, he demanded $500,000 from Neidhardt to compensate him for the “trespass against my person” when he was searched during his arrest.

Had the motion been granted, the indictment against Roman could have been dismissed. Roman is facing charges of second-degree possession of a weapon, obstruction and possession of hollow point bullets, both fourth-degree charges.

He is also facing charges in New York after he was arrested in July for failing to disclose that he had knives on his person during a motor vehicle stop for speeding, Neidhardt said.

Roman is expected to appear back in court on Feb. 12 for a discretionary conference. His case is nearing trial.

Lori Comstock can also be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.