215 Conn. 667 | Conn. | 1990
The defendant, George Velez, was charged with possession of narcotics with intent to sell, in violation of General Statutes § 21a-278 (b).
The following facts were adduced at the suppression hearing. At approximately 8 p.m. on October 28,1987, the Tri-Town Narcotics Task Force* *
The police set up surveillance at the 7-Eleven store in unmarked police cars, and Cowell remained in one of the cars that was parked across the street from the store. At the designated meeting time, a blue car containing two Hispanic males drove into the parking lot
After purchasing some food items, the defendant emerged from the store and got back into the blue car, which began to drive out of the lot. An unmarked police car then blocked its path, and officers wearing badges on chains around their necks and shouting “police” began to converge on the car. The car was then quickly shifted into reverse and began to back up. An officer, however, reached into the car, opened the driver’s side door, took the car out of gear, and pried the driver’s hand from the shifter. Both occupants were then removed from the car and searched. The driver of the car was identifed as Felix Velez and the passenger identified himself as George Velez. The search of the defendant’s person produced two packages of cocaine, one containing approximately one ounce and the other one or two grams.
On the basis of this evidence, the trial court found that the defendant had been “arrested” when the car was stopped and he was removed therefrom. It found further that, at the time of the arrest, the police had
“It is an established rule that a properly conducted warrantless search incident to a lawful arrest is not illegal. State v. Cobuzzi, 161 Conn. 371, 373, 288 A.2d 439 (1971), cert. denied, 404 U.S. 1017, 92 S. Ct. 677, 30 L. Ed. 2d 664 (1972); State v. Collins, 150 Conn. 488, 492, 191 A.2d 253 (1963); 4 Wharton, Criminal Evidence § 725 (13th Ed.). In order for the search to be legal, however, the arrest itself must be valid. State v. Cobuzzi, supra, 375; 4 Wharton, loe. cit. Section [54-If] of the General Statutes authorizes a police officer to arrest, without a warrant, ‘any person who such officer has reasonable grounds to believe has committed or is committing a felony.’ ‘Reasonable grounds’ is to be equated with probable cause. State v. Cobuzzi, supra, 376; State v. Wilson, 153 Conn. 39, 41, 212 A.2d 75 (1965). Probable cause means more than mere suspicion. There must be facts and circumstances within the officer’s knowledge, and of which he has trustworthy information, sufficient to justify the belief of a reasonable person that an offense has been or is being committed. Beck v. Ohio, 379 U.S. 89, 91, 85 S. Ct. 223, 13 L. Ed. 2d 142 (1964); Brinegar v. United States, 338 U.S. 160, 175-76, 69 S. Ct. 1302, 93 L. Ed. 1879 (1949).” State v. Penland, 174 Conn. 153, 155, 384 A.2d 356, cert. denied, 436 U.S. 906, 98 S. Ct. 2237, 56 L. Ed. 2d 404 (1978).
“In State v. Kimbro, 197 Conn. 219, 233, 496 A.2d 498 (1985), we concluded that article first, § 7, of the
In the present case, we hold that the trial court was correct in concluding that there was sufficient evidence to support both prongs of the Aguilar-Spinelli test. The “basis of knowledge” prong “examines the information provided by the informant to determine if it ‘relate[s] sufficient facts from which a judge reasonably could conclude that the [informant] based [his] allegations of criminal activity on sufficient underlying circumstances.’ State v. Delmonaco, [194 Conn. 331,
As for the “veracity” prong, it may be satisfied by establishing that the informant was credible or that his information was reliable. Id., 567. Two common factors used to evaluate the reliability of an untested informant’s tip are: (1) declarations against penal interest by the informant-declarant; and (2) corroboration of the information by police. State v. Ferguson, 185 Conn. 104, 113, 440 A.2d 841 (1981). Cowell’s admission that he was a drug dealer and that he had purchased cocaine from the defendant earlier that day, as well as his statement concerning the location of his hidden “stash” of cocaine are all declarations against penal interest. See State v. Just, 185 Conn. 339, 368-69, 441 A.2d 98 (1981); State v. Ferguson, supra, 114-15. “Courts have generally subscribed to the view that admissions against penal interest by an informant ‘carry their own indicia of credibility—sufficient at least to support a finding of probable cause.’ United States v. Harris, 403 U.S. 573, 583, 91 S. Ct. 2075, 29 L. Ed. 2d 723 (1971); 1 LaFave, Search and Seizure § 3.3, p. 523. This principle has been applied by this court to find adequate verification of the reliability of an informant’s naming of other participants in a crime where at least some significant details of his account of the crime itself have been corroborated independently . . . .” State v. Daley, 189 Conn. 717, 722, 458 A.2d 1147 (1983).
In the present case, the following aspects of Cowell’s statement to the police were independently corroborated. The location at which Cowell claimed he had hidden the cocaine that he had allegedly purchased from
The judgment of the Appellate Court is reversed and the case is remanded to that court with direction to reinstate the judgment of the trial court.
In this opinion the other justices concurred.
“[General Statutes] Sec. 21a-278. (Formerly Sec. 19-480a). penalty FOR ILLEGAL MANUFACTURE, DISTRIBUTION, SALE, PRESCRIPTION OR ADMINISTRATION BY NON-DRUG-DEPENDENT PERSON. . . .
“(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any narcotic substance, hallucinogenic substance other than marihuana, amphetamine-type substance, or one kilogram or more of a cannabis-type substance except as authorized in this chapter, and who is not at the time of such action a drug-dependent person, for a first offense shall be imprisoned not less than five years nor more than twenty years; and for each subsequent offense shall be imprisoned not less than ten years nor more than twenty-five years. The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years or, (2) such person’s mental capacity was significantly impaired but not so impaired as to constitute a defense to prosecution.”
“[General Statutes (Rev. to 1987)] Sec. 54-94a. conditional nolo contendere PLEA. APPEAL OF DENIAL OF MOTION TO SUPPRESS OR DISMISS. When a defendant, prior to the commencement of trial, enters a plea of nolo contendere conditional on the right to take an appeal from the court’s denial of the defendant’s motion to suppress evidence based on an unreasonable search or seizure or motion to dismiss, the defendant after the imposition of sentence may file an appeal within the time prescribed by law. The issue to be considered in such an appeal shall be limited to whether it was proper for the court to have denied the motion to suppress or the
The Tri-Town Narcotics Task Force is a regional drug task force whose members are drawn from the police departments of South Windsor, Manchester and Vernon.
A “clear line” is a telephone line that has a phone number different from the general police department phone number and is answered with a simple “Hello.”
Cowell explained that a “ticket” represented one ounce of cocaine.