An Atlantic City man with a history of gun and drug arrests was ordered held in jail Tuesday.
But his attorney questioned whether the search would survive a motion to suppress.
He was arrested on an outstanding warrant and police found suspected cocaine in his pocket, according to the charges.
That led to a warrantless search of his vehicle, where police allegedly found more drugs and a loaded, defaced handgun. El's cell phone and vehicle were seized for further investigation.
Defense attorney Sarah Weinstock questioned why police did not just seize the vehicle first and get a warrant to search.
"The officers didn’t even make an attempt to address in their report any of the exceptions to the warrant requirement," she said.
"Not just was it a warrantless search of the vehicle, but the report indicates the majority of the contraband was located in the glove box," Weinstock added. "And it says the officer unlocked the glove box of the vehicle. I mean it's just one unlawful search after another. I take great issue with that, judge, and I think it's something the court needs to give great weight to."
When she was done speaking, El could be seen blowing kisses to the attorney in approval.
El also was accused of providing a false government document, for giving the officer identification that said Mark T. Smith.
Smith is El's birth name, and is the one on his Motor Vehicle Commission-issued driver's license, she said.
Judge Jeffrey Wilson acknowledged that the search could be part of a motion to suppress, but that motion was not before him at the detention hearing.
Instead, the judge noted El's significant criminal history that includes 12 convictions on indictable charges, including several weapons offenses.
In this case, "the gun was in an area under his control."
The public safety assessment used to help determine whether a defendant is held under bail reform also recommended El not be released.
El left the room in the jail where he was being seen virtually as Wilson continued to lay out his decision.
He will now remain in the Atlantic County Justice Facility as the case is prosecuted.
