State v. Adubato
19 A.3d 1023
| N.J. Super. Ct. App. Div. | 2011Background
- After 10:00 p.m. Aug. 8, 2008, dispatcher reports a vehicle on Belmont Ave driving around and the driver repeatedly exits the car; caller suggests possible intoxicated male.
- Officer Horton locates a 1989 Honda matching the plate, stopped on Belmont Ave with engine running and headlights on; driver is loud on a cell phone.
- Horton detects a strong odor of alcohol, observes bloodshot eyes and slurred speech, and the driver admits drinking at a Bloomfield pub.
- Adubato is arrested after field sobriety tests; at arrest, the car is parked in front of his residence, though Horton did not know that fact at the scene.
- Adubato moves to suppress the evidence, municipal court denies; Law Division de novo denies suppression, adopting Martinez-based reasoning; Adubato appeals to Appellate Division.
- Court affirms, holding the initial inquiry did not convert into an unlawful seizure and that sufficient basis existed for a Terry stop once odor and impairment were observed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial encounter violated the Fourth Amendment. | Adubato argued Horton lacked probable cause for a stop. | Adubato contends the stop was unlawful without articulable suspicion. | The stop was justified under Pineiro/Martinez; flashers did not convert to a Terry stop. |
| Whether turning on flashers transformed the field inquiry into a Terry stop. | Adubato argues the flashers created a de facto seizure without reasonable suspicion. | Adubato contends the officers’ actions remained a noncoercive inquiry. | Flashers did not elevate the encounter to a Terry stop under the totality of circumstances. |
Key Cases Cited
- State v. Pineiro, 181 N.J. 13 (2004) (defines field inquiry and permissible questioning at the periphery of an investigation)
- State v. Martinez, 260 N.J. Super. 75 (App.Div. 1992) (discusses community caretaking and common-law right to inquire)
- State v. Golotta, 178 N.J. 205 (2003) (limits warrantless stops based on anonymous tips; Golotta standard for stop justification)
- State v. Goetaski, 209 N.J. Super. 362 (App.Div. 1986) (community-caretaking considerations can warrant closer scrutiny of stop)
- State v. Harris, 384 N.J. Super. 29 (App.Div. 2006) (brief, non-intrusive encounters with stopped individuals)