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129 Conn. App. 109
Conn. App. Ct.
2011
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Background

  • Detectives received reliable informant tip that Gomez possessed a firearm and had an outstanding probation warrant; officers, in plain clothes in an unmarked car, scoped a Brown Street area where Gomez was believed to be.
  • Defendant and Burgos were spotted walking together toward 13-15 Brown Street; Burgos matched Gomez’s description and Burgos appeared ready to flee when approached.
  • Officers displayed badges and directed the men to approach the vehicle; Burgos and defendant were dissuaded but fled; defendant clutched his waistband while fleeing.
  • Rivera tackled the defendant after a chase; a bag dropped containing a white substance, and another large bag of narcotics was seized from the defendant’s hand.
  • Defendant was arrested and charged with possession of narcotics with intent to sell and related offenses; a motion to suppress the seized evidence was denied after an evidentiary hearing.
  • Defendant entered a conditional plea of nolo contendere to possession of cocaine with intent to sell and was sentenced to nine years, suspended after 3.5 years, with probation; appeal followed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the stop/seizure violated the CT constitution. Kelly argues no independent suspicion; seizure invalid unless safety justified. State contends safety interest allowed seizure without independent suspicion. Seizure lawful; safety outweighed liberty interest.
Whether the burden of proof at suppression was properly allocated. State bore burden to show justification. Court misallocated burden to defendant. Burden properly allocated to the state; standard de novo reviewed.

Key Cases Cited

  • State v. Oquendo, 223 Conn. 635 (1992) ( CT constitution provides greater protection in seizure analysis)
  • Maryland v. Wilson, 519 U.S. 408 (1997) (permits detainees during traffic stops for safety interests)
  • Michigan v. Summers, 452 U.S. 692 (1981) (detention of occupants during search warrant execution for safety)
  • Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion standard for on-the-street stops; frisk if armed and dangerous)
  • State v. Mann, 271 Conn. 300 (2004) (safety considerations in police encounters; split-second decisions allowed)
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Case Details

Case Name: State v. Kelly
Court Name: Connecticut Appellate Court
Date Published: May 31, 2011
Citations: 129 Conn. App. 109; 19 A.3d 223; 2011 Conn. App. LEXIS 306; AC 30282
Docket Number: AC 30282
Court Abbreviation: Conn. App. Ct.
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