P.S. VS. BOARD OF REVIEW(BOARD OF REVIEW, DEPARTMENT OF LABOR)
A-0734-15T1
| N.J. Super. Ct. App. Div. | Jun 7, 2017Background
- Defendant Andre T. Mitchell was charged after police executed a search warrant at his girlfriend's second-floor apartment and seized cocaine, other drugs, paraphernalia, cash, and a pistol.
- Mitchell moved to suppress the evidence, arguing officers failed to knock and announce and did not wait a reasonable time before forced entry. The second argument was not raised below.
- At the suppression hearing only two witnesses testified: Mitchell and the State Police Tactical Unit supervisor who led the entry.
- The officer testified he and a nine-member team knocked on the metal apartment door "several times," announced "State Police" at least once, waited about twenty seconds, then used a tool to force entry.
- Mitchell testified he and his girlfriend were in a bedroom near the front door and did not hear any knock or announcement before officers breached the door.
- The trial judge credited the officer’s testimony, found the twenty-second wait reasonable under the circumstances, and denied the motion to suppress. The Appellate Division affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compliance with knock-and-announce requirement | State: Officers knocked, announced "State Police," and waited ~20 seconds — complied with warrant requirements | Mitchell: No knock or announcement was heard; officers forcibly entered without complying | Court: Credited officer testimony; found officers complied and denied suppression |
| Reasonable wait before forcible entry | State: ~20 seconds was reasonable given daytime, apartment size, and risk of evidence destruction | Mitchell: Police did not wait a reasonable time before forced entry | Court: Considered Rockford/Banks/Hudson and found ~20 seconds reasonable; argument not preserved below but decision affirmed |
Key Cases Cited
- United States v. Banks, 540 U.S. 31 (2003) (addresses knock-and-announce and reasonableness of entry timing)
- Hudson v. Michigan, 547 U.S. 586 (2006) (limits suppression remedy for knock-and-announce violations)
- State v. Rockford, 213 N.J. 424 (2013) (applies knock-and-announce standards in New Jersey)
- State v. Gamble, 218 N.J. 412 (2014) (standard of appellate review for suppression rulings)
- State v. Hubbard, 222 N.J. 249 (2015) (plenary review of legal questions on appeal)
- State v. Johnson, 42 N.J. 146 (1964) (deference to trial court factfinding based on witness credibility)