56 Conn. App. 47 | Conn. App. Ct. | 1999
Opinion
The defendant, Marcus Gregory, appeals from the judgments of conviction, rendered after a jury trial, of conspiracy to commit kidnapping in the first degree in violation of General Statutes
On appeal, the defendant claims (1) that there was not reasonable suspicion to justify a pat-down during an investigatory stop pursuant to Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), and (2) that the defendant’s fifth amendment right against self-incrimination was violated because of the failure by the police to advise him of his Miranda rights.
The juiy reasonably could have found the following facts: On the night of January 9, 1997, Regina Rogers returned from her place of employment to her home at Wakelee Avenue in Ansonia. As Regina Rogers entered her garage, she was accosted by the defendant, who forced her into the garage. Francis Rogers heard his wife scream and went to investigate. As he opened the garage door, he was accosted by the defendant, who was holding a pistol. Francis Rogers later identified the defendant as the man who pointed the pistol at his
The defendant and one of the other intruders forced Francis Rogers into his wife’s car and drove him to an automatic teller machine where, at gunpoint, they made him withdraw $600. Upon their return, the defendant and the other men bound both victims and removed several items from their home including a Derby High School class ring and a distinctive cable wire.
While conducting a drunk driving investigation on Route 25 southbound at exit 2 in Bridgeport, Troopers Richard Gregory and Edward Wooldridge of the state police observed a red Subaru station wagon without illuminated headlights. When Wooldridge attempted to stop the car, the operator sped up and made several turns. Subsequently, the operator of the vehicle jumped out of the vehicle. At that point Wooldridge briefly observed the operator of the vehicle, whom he described as a black male with short hair wearing a dark jacket, jeans and dark sneakers. Officer Orlando Lanzante of the Bridgeport police department, along with Gregory and Wooldridge, spotted the defendant hiding behind a couch in an alley. This alley was known by the police to be located in a high crime area. Lanzante and Wooldridge drew their weapons and ordered the defendant to the ground. The defendant did not comply but protested his innocence and claimed harassment. After the defendant refused a second order to get on the ground, Gregory forced him to the ground and handcuffed him. The defendant was brought out of the alley and patted down for weapons by Wooldridge after the defendant failed to produce identification. When asked what he was doing in the area, the defendant replied that he had been smoking marijuana. Upon initially patting the man down, Wooldridge discovered a plastic package of marijuana in the defendant’s front shirt
The red Subaru station wagon was later searched and found to contain several household items, all of which were later determined to have been removed from the victims’ home. At about 2:20 a.m., Officer Robert Novia of the Bridgeport police department and a police dog tracked the route that the driver of the Subaru had taken to determine if the defendant had been in the vehicle. The dog was able to pick up a scent in the car and tracked the scent to the spot in the alleyway where the defendant was apprehended. The defendant was identified as the assailant by both victims.
I
The defendant’s first claim is that there was no articulable suspicion to justify a pat-down search for weapons during the investigatory stop. We disagree.
When reviewing the denial of a motion to suppress, this court will not disturb the trial court’s ruling if the factual findings are not clearly erroneous and the trial court’s conclusions are legally and logically consistent with the facts. See State v. Wilkins, 240 Conn. 489, 496, 692 A.2d 1233 (1997). This court conducts a “careful
An officer may conduct a pat-down frisk for weapons if the officer possesses a reasonable suspicion that the person possesses a weapon. See Ybarra v. Illinois, 444 U.S. 85, 93, 100 S. Ct. 338, 62 L. Ed. 2d 238 (1979). To determine whether an investigatory detention and pat-
II
The second claim is that the defendant’s fifth amendment right against self-incrimination was violated when
Miranda warnings must be given once a person is placed in custody and before questioning begins.
The judgments are affirmed.
In this opinion the other judges concurred.
Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).
“Our constitutional preference for warrants is overcome only in specific and limited circumstances.” State v. Miller, 227 Conn. 363, 383, 630 A.2d 1315 (1993); see State v. Delossantos, 211 Conn. 258, 266-67, 559 A.2d 164, cert. denied, 493 U.S. 866, 110 S. Ct. 188, 107 L. Ed. 2d 142 (1989) (recognizing exception for search incident to arrest as matter of state constitutional law). State v. DaEria, 51 Conn. App. 149, 165, 721 A.2d 539 (1998), recognized the rule that “[a] lawful custodial arrest creates a situation which justifies the contemporaneous search without a warrant . . . whether or not there is probable cause to search.” (Internal quotation marks omitted.)
See State v. Groomes, 232 Conn. 455, 467-68, 656 A.2d 646 (1995) (under state and federal constitutions, police may detain individual for investigative purposes if there is reasonable and articulable suspicion that individual is engaged or about to engage in criminal activity); State v. Torres, 230 Conn. 372, 379, 645 A.2d 529 (1994) (reasonable and articulable suspicion is objective standard that focuses not on actual state of mind of police officer but on whether reasonable person, having information available to and known by police, would have that level of suspicion); State v. Cofield, 220 Conn. 38, 45, 595 A.2d 1349 (1991) (officer’s decision must be based on more than hunch or speculation).
See Terry v. Ohio, supra, 392 U.S. 21.
See United States v. Sanders, 994 F.2d 200, 207-208 (5th Cir.), cert. denied, 510 U.S. 955, 114 S. Ct. 408, 126 L. Ed. 2d 355, cert. denied, 510 U.S. 1014, 114 S. Ct. 608, 126 L. Ed. 2d 572 (1993) (suspect's nonconiplianee with order to get to ground justified handcuffing and frisk for weapons); State v. Wilkins, supra, 240 Conn. 496 (defendant’s failure to keep hands in sight after twice being requested to do so by officer supported frisk for weapons).
See Miranda v. Arizona, supra, 384 U.S. 467-68.
See State v. Dixon, 25 Conn. App. 3, 9, 592 A.2d 406 (1991) (after defendant’s arrest, officer’s question, “ ‘[w]hat are you doing here?’ ” found not to be interrogation).