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