116 A.3d 32
N.J. Super. Ct. App. Div.2015Background
- Officer Dill (uniformed K-9) responded to a noise complaint at a high-crime apartment complex, smelled overpowering burnt marijuana coming from a unit, and approached two men on a common porch.
- When Dill identified himself, defendant Legette hurried toward his car, said his ID was in his apartment, and volunteered to retrieve it; Dill told him he had to accompany him and defendant continued into the apartment without protest.
- Inside, defendant retrieved a wallet and handed his ID to Dill, then removed a gray sweatshirt and asked a woman to put it in the bedroom; defendant then stepped over that sweatshirt and grabbed another from the closet.
- Dill seized the gray sweatshirt, placed defendant outside, handcuffed him during the ongoing investigation, and had a drug-detection K-9 sniff the sweatshirt; the dog threw the sweatshirt, which made a metallic clank, and Dill discovered a loaded handgun in the pocket.
- Defendant was indicted for unlawful possession of a handgun and possession by a convicted person; the trial court denied his suppression motion, he pled guilty to the possession-by-convicted-person charge, and appealed the denial of suppression and bail-pending-appeal issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of investigatory stop | Smell of marijuana + defendant's hurried departure created reasonable suspicion to stop and request ID | Stop was invalid / Terry stop improper | Stop was valid: odor of marijuana and flight supported reasonable suspicion (and probable cause for marijuana offense) |
| Officer accompanying detainee into residence | Officer may accompany detainee who voluntarily goes to residence to retrieve ID to prevent escape or danger | Accompanying into apartment violated Fourth Amendment and plain protections of the home | Permissible: Chrisman/Bruzzese allow officers to accompany arrestees and, by extension, detainees when reasonable suspicion and safety concerns exist |
| Seizure/search of sweatshirt (plain view / canine sniff) | Officer lawfully in viewing area; conduct of securing sweatshirt, handcuffing, K-9 sniff, and seizure was objectively reasonable | Seizure/search exceeded Terry scope and converted stop into unlawful arrest/search | Held lawful: officer had reasonable suspicion he was armed; canine sniff and subsequent handling/seizure were reasonable; probable cause existed to support arrest/search if stop became de facto arrest |
| Bail pending appeal | Trial court found community danger and flight risk based on firearm conviction and criminal history | Legette argued no flight risk or danger | Trial court’s denial of bail pending appeal was not an abuse of discretion; issue now moot on appeal |
Key Cases Cited
- Washington v. Chrisman, 455 U.S. 1 (1982) (officer may accompany arrestee to residence to retrieve identification; monitoring movements is reasonable to protect officer safety and preserve evidence)
- State v. Bruzzese, 94 N.J. 210 (1983) (New Jersey adopts Chrisman rule; officers may follow arrestee within home to prevent escape or danger)
- State v. Walker, 213 N.J. 281 (2013) (odor of burnt marijuana can constitute probable cause to search or justify detention)
- Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177 (2004) (officer may request identification during a Terry stop)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (bulge in clothing can justify concern an individual is armed and dangerous)
- Illinois v. Caballes, 543 U.S. 405 (2005) (canine sniff during a lawful stop does not implicate additional Fourth Amendment privacy interests)
- State v. O'Neal, 190 N.J. 601 (2007) (objective reasonableness controls Fourth Amendment analysis; de facto arrests supported if probable cause exists)