16 Conn. App. 272 | Conn. App. Ct. | 1988
The defendant appeals from the judgment of conviction rendered after he had entered a conditional plea of nolo contendere to a charge of possession of a narcotic substance with intent to sell in violation of General Statutes § 21a-277 (a). He claims that the trial court erred (1) in denying his motion to suppress certain evidence allegedly obtained beyond the permissible scope of a frisk following a noncustodial traffic stop, and (2) in refusing to order the production of the cocaine and the paper bag container seized from under his shirt. We find no error.
The factual situation is not in dispute. On July 22, 1986, at approximately 11 p.m., Bridgeport police officers Jesus Ortiz and Philomena Lula were patrolling the north end of the city when they observed a motorcycle go through a stop sign on Noble Avenue. As they proceeded to follow the motorcycle, which was being operated erratically, the officers noticed that a tail light was out. After it proceeded through another stop sign, the officers decided to stop the motorcycle on the basis of the motor vehicle violations they had observed. The stop was made on River Street, eight to ten blocks from where the officers’ original observations were made. The defendant began to speed away when the strobe lights of the patrol car were turned on. Upon approaching a busy intersection, however, the driver changed his mind and stopped.
As the operator got off the motorcycle, the officers observed him stuff something into his pants under his shirt. Ortiz, an officer with nine months experience in patrolling this particular area of the city, which is a high crime area known for drug activity, believed that the defendant had just stuffed a gun in his pants. He
The paper bag was crumpled and approximately five to six inches long. Lula opened the bag, looked inside and discovered two rocks, approximately two to four inches in size, apparently of cocaine. The rocks were not round or heavy. The defendant was thereafter patted down and arrested for possession of a narcotics substance with intent to sell; two counts of stop sign violations in violation of General Statutes § 14-301 (c); operating with a defective tail light in violation of General Statutes § 14-96 (a); and misuse of plates in violation of General Statutes § 14-147.
Although a state toxicologist confirmed that the. substance in the paper bag was cocaine, the bag and the cocaine were not introduced at the hearing.
In his first claim of error, the defendant argues that the police exceeded the right to frisk since they should have conducted a pat down before seizing the bag and its contents. Moreover, the defendant argues that even if the officer lawfully seized the bag and its contents, she should have felt it before opening it to ascertain whether it held a weapon. The defendant, in his argument, does not contest the police stop. He focuses on the intrusion by the officer. We find the defendant’s argument unpersuasiye.
This case is similar to Williams in that the officer reached right for the bulky object believed to be a gun. Lula, however, was proceeding on her own knowledge
Under the circumstances here, it was reasonable for the officers to open the bag to ascertain its contents. See United States v. McClinnhan, 660 F.2d 500, 504 (D.C. Cir. 1981).
The defendant’s second claim of error is that the trial court erred in denying the defendant’s request to produce the cocaine and the paper bag. The trial court asked defense counsel if he thought that the cocaine and paper bag would be relevant if the size and description of the evidence became an issue. The court stated that, if so, the evidence would have to be produced. Defense counsel left the decision to the trial court and, in effect, did not take advantage of the offer to have the evidence produced. The trial court felt that the evidence had been fully testified to by both officers. Moreover, the toxicological report was put into evidence. There was no other testimony regarding the bag or its contents.
The trial court has wide discretion in ruling on the relevancy of evidence. 1 B. Holden & J. Daly, Connecticut Evidence § 67 (c) (1988). Our standard of review was firmly elaborated in State v. Tirado, 194 Conn. 89, 95, 478 A.2d 606 (1984). “ ‘ “In determining whether there has been an abuse of discretion, every reasonable presumption should be given in favor of the correctness of the court’s ruling. . . .” ’ ‘Reversal is
There is no error.
In this opinion the other judges concurred.
In United, States v. Jackson, 652 F.2d 244 (2d Cir. 1981), Judge Meskill analyzed the equally troublesome predicament found by officers approaching a suspected robber with their guns drawn.