State v. Alvarez

570 A.2d 459, 238 N.J. Super. 560
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 15, 1990
StatusPublished
Cited by52 cases

This text of 570 A.2d 459 (State v. Alvarez) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Alvarez, 570 A.2d 459, 238 N.J. Super. 560 (N.J. Ct. App. 1990).

Opinion

238 N.J. Super. 560 (1990)
570 A.2d 459

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
ERIC ALVAREZ AND PAUL BARTLEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Argued January 24, 1990.
Decided February 15, 1990.

*562 Before Judges BAIME and KEEFE.

Jack J. Lipari, Assistant Prosecutor, argued the cause for appellant (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Jack J. Lipari on the letter-brief).

John L. Hehre, Assistant Deputy Public Defender, argued the cause for respondent Alvarez (Thomas S. Smith, Jr., Acting Public Defender, attorney; John L. Hehre on the letter-brief).

Respondent Paul Bartley's brief was suppressed.

The opinion of the court was delivered by BAIME, J.A.D.

We granted the State's motion for leave to appeal from an order of the Superior Court, Law Division, suppressing approximately one ounce of cocaine and related drug paraphernalia seized by the police in a warrantless search of defendant Eric Alvarez's hotel room. The Law Division judge found that the search was not supported by probable cause and that the evidence was not within the plain view of the arresting police officers prior to their entry into the room. The State asserts that the Law Division judge's findings of fact are not supported by sufficient credible evidence present in the record. Alternatively, the State argues that the facts, as found by the Law Division judge, were sufficient to establish probable cause.

I.

The salient facts can be briefly summarized. At approximately twelve noon on November 23, 1988, Detective Samuel *563 Thomas, a member of the Atlantic City police department, was on duty in uniform when he was approached by a woman who reported that there was a disturbance relating to drugs on the fourth floor of the nearby Aristocrat Hotel. Armed with that information, Detective Thomas immediately proceeded to the hotel where he was told by the desk clerk that Room 402 was the only one occupied and that, although she was not aware of a disturbance, there had been numerous telephone calls and "foot traffic" to and from that room. Scanning the desk register, Detective Thomas noticed that Room 402 was registered to defendant Alvarez. Detective Thomas was familiar with Alvarez from a prior narcotics investigation.

His suspicions aroused, Detective Thomas "called for a backup." Three plain clothes detectives who had been working nearby responded. The four officers proceeded to the fourth floor. From their vantage point in the hallway, the detectives heard a male voice from Room 402 state "if we sell one more ounce, we'll have enough to re-up." Based upon their training and experience, the detectives believed that there was an ongoing scheme to distribute drugs from the room and that after making another sale, the perpetrators would attempt to "resupply."

After knocking on the door, one of the officers, in a falsetto voice, identified himself as the maid. According to the detectives, when the door to the room was opened, they observed narcotics and drug paraphernalia in plain view. They then entered the room, seized the contraband and arrested the occupants.

The principal factual issue presented at the hearing was whether the detectives observed the drugs prior to their entry into the hotel room. We need not recount the evidence presented with respect to that question in great detail. Suffice it to say, the testimony of the four detectives deviated on that critical point.

*564 Based upon the foregoing evidence, the Law Division judge found that the detectives had already entered the room when they observed the narcotics and drug paraphernalia. The judge determined the facts known to the officers prior to their entry into the hotel room were not sufficient to establish probable cause. Concluding that the detectives entry into the room was unlawful, the judge ordered the suppression of the evidence seized.

II.

Preliminarily, we reject the State's argument that the Law Division judge erred in finding as a fact that the detectives entered the hotel room prior to observing the contraband. Although the issue was hotly contested, we are entirely satisfied that the findings made by the judge could reasonably have been reached on sufficient credible evidence present in the record. State v. Johnson, 42 N.J. 146, 165, 199 A.2d 809 (1964). In this respect, we are obliged to review the record in light of the State's contention, but not initially from the point of view of how we would decide the matter if we were the court of first instance. Id. at 161, 199 A.2d 809. The aim of our review is to determine whether the judge's findings are supported by evidence in the hearing transcript. Id. at 162, 199 A.2d 809. In making that determination, we are duty-bound to give deference to those findings which are substantially influenced by the judge's opportunity to hear and see the witnesses and to have the "feel" of the case. Id. at 161, 199 A.2d 809. Applying these principles, we cannot fairly say that the Law Division judge went so wide of the mark, a mistake must have been made.

III.

While the scope of our review of the judge's factual findings is narrow and restricted, we are not similarly confined in assessing the validity of the legal conclusions he reached. *565 Accepting the Law Division judge's findings of fact, we are nevertheless convinced that probable cause existed prior to the police entry into defendant's hotel room. Putting aside the detectives' observations of the contraband, we are of the view that the officers harbored a good faith and reasonable belief that the occupants of the room were engaged in criminal conduct.

Probable cause is an elusive concept incapable of precise definition. It is more than mere suspicion but less than legal evidence necessary to convict. State v. Mark, 46 N.J. 262, 271, 216 A.2d 377 (1966). It has been described by our Supreme Court as a "well grounded" suspicion that an offense has been committed. State v. Burnett, 42 N.J. 377, 387, 201 A.2d 39 (1964); see also State v. Waltz, 61 N.J. 83, 87, 293 A.2d 167 (1972); State v. Dilley, 49 N.J. 460, 463-464, 231 A.2d 353 (1967). Our courts have eschewed technisms in reviewing factual circumstances to determine whether probable cause exists. State v. Esteves, 93 N.J. 498, 503, 461 A.2d 1128 (1983). Probable cause must be drawn from "practical considerations of everyday life" as tested by reasonably prudent persons. Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 1310, 93 L.Ed. 1879, 1890 (1949). In dealing with probable cause, as the very name implies, we are concerned with probabilities. Ibid. Resolution of such issues is rarely susceptible to abstract contemplation. Rather, the answer must be found in the "tumult of the streets." State v. Gerardo, 53 N.J. 261, 264, 250 A.2d 130 (1969). Hence, the decisions of police officers which, as here, often must be made on the spur of the moment, cannot be viewed from the vantage point of twenty-twenty hindsight. State v. Grant, 196 N.J. Super. 470, 476, 483 A.2d 411 (App.Div. 1984).

In this case, we are dealing with law enforcement efforts to eradicate one of the chief instrumentalities of human catastrophe, the distribution of dangerous drugs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Jersey v. Ke Wang
New Jersey Superior Court App Division, 2025
A-1028-13t2
New Jersey Superior Court App Division, 2015
State v. Randolph
120 A.3d 237 (New Jersey Superior Court App Division, 2015)
State v. Walker
62 A.3d 897 (Supreme Court of New Jersey, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
570 A.2d 459, 238 N.J. Super. 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alvarez-njsuperctappdiv-1990.