State v. Arline

813 A.2d 153, 74 Conn. App. 693, 2003 Conn. App. LEXIS 25
CourtConnecticut Appellate Court
DecidedJanuary 28, 2003
DocketAC 22283
StatusPublished
Cited by7 cases

This text of 813 A.2d 153 (State v. Arline) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Arline, 813 A.2d 153, 74 Conn. App. 693, 2003 Conn. App. LEXIS 25 (Colo. Ct. App. 2003).

Opinion

Opinion

MIHALAKOS, J.

The defendant, Elton Arline, appeals from the judgment of conviction, rendered after a jury trial, of possession of narcotics with intent to sell in violation of General Statutes § 21a-277 (a).1 On appeal, the defendant claims that the trial court improperly denied his motion to suppress certain evidence seized by police during a warrantless search of his person in violation of his federal and state constitutional rights. We affirm the judgment of the trial court.

[695]*695The following facts and procedural history are relevant to our resolution of the defendant’s appeal.2 The defendant was arrested on November 29, 1996, and charged with possession of narcotics with intent to sell.3 On April 5, 2001, the defendant filed a motion to suppress certain evidence seized from his person, specifically heroin and money, during the execution of a search and seizure warrant by police at an apartment in Waterbury. In the motion, the defendant argued that the evidence seized from his person was obtained in violation of his rights under various provisions of the United States and Connecticut constitutions. On April 10 and 12, 2001, the court held a hearing on the motion.

The testimony and exhibits presented at the suppression hearing revealed the following facts. Tracy Canale, a detective with the Waterbury police department, testified that on November 29, 1996, at approximately 11:35 a.m., he and several other officers were members of a “raid team” that participated in a warrant authorized search of a third floor apartment on Elizabeth Street in Waterbury.4 Canale and other members of the raid team, including Timothy Wright, a sergeant with the Waterbury police department, approached and knocked loudly on the rear door of the third floor apartment, and announced, “Police with a search warrant.” After several seconds had elapsed without receiving a [696]*696response from inside, the team forcibly entered the apartment with a battering ram.

Upon gaining entry to the apartment, the team moved through a kitchen and a living room, then stopped in a bedroom where they encountered three people, including the defendant. The defendant was standing near an open window, “partially in the window looking out,” then turned around, saw Canale and threw an object on the floor. Canale approached the discarded object, observed a paper wrap containing glassine bags that he believed, through his training and experience in narcotics enforcement, contained heroin.5 Canale stood over the object to preserve it for collection while other members of the raid team entered the room. Thomas Deely, another detective with the Waterbury police department, ultimately seized the object and processed it as evidence.

Wright entered the bedroom just behind Canale, and Canale informed him that the defendant was under arrest. Wright then handcuffed the defendant and patted him down for weapons.6 After determining that there were no weapons on the defendant’s person, Wright searched and found, in the pockets of the defendant’s pants, a pouch containing seven glassine bags of a white powdery substance that Wright believed was heroin.7 Wright also found a large sum of cash bound in four separate rolls with elastic bands inside the defendant’s pockets.8 Wright seized the money, the pouch and its [697]*697contents from the defendant and gave them to Deely to process as evidence.9

On April 12,2001, at the conclusion of the suppression hearing, the court denied the defendant’s motion in an oral decision, concluding that the evidence seized from the defendant’s person was obtained through a “valid search, as a search incident to an arrest.” The court upheld the validity of the search on the ground that probable cause for the defendant’s arrest, independent of the search, existed when Canale observed the defendant throw to the floor an object containing what appeared to be narcotics. The court stated that “an arrest does not have to chronologically precede the search in order for the search to be valid . . . provided that the arrest and the search are substantially contemporaneous and are integral parts of the same incident.” The court, therefore, determined that when Wright entered the room and was told by Canale that the defendant was under arrest, the search of the defendant’s person was a valid search incident to a lawful arrest.

Thereafter, on April 17, 2001, following a jury trial, the defendant was convicted of possession of narcotics with intent to sell in violation of § 21a-277 (a). On May 22, 2001, the defendant was sentenced to a term of twelve years imprisonment, execution suspended after seven years, with five years probation.10 This appeal followed.

The defendant’s sole claim on appeal is that the court improperly denied his motion to suppress the evidence [698]*698seized from his person11 in violation of his rights under the fourth amendment to the United States constitution and article first, § 7, of the constitution of Connecticut.12 Specifically, the defendant argues that the search of his pockets by Wright exceeded the bounds of a lawful Terry13 “stop and frisk” because the patdown search did not yield any weapons or contraband. Furthermore, the defendant argues that Wright lacked probable cause to conduct a search incident to a lawful arrest because Wright lacked any basis to believe that the defendant [699]*699had committed, or was committing, any crime.14 The defendant concludes that the heroin and money seized during that search should have been suppressed. We disagree. We conclude that Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), and its progeny are inapplicable to this case because the search of the defendant’s person was incident to a lawful arrest for which there was probable cause, independent of the search.

“Our standard of review of a trial court’s findings and conclusions in connection with a motion to suppress is well defined. A finding of fact will not be disturbed unless it is clearly erroneous in view of the evidence and pleadings in the whole record .... [W]here the legal conclusions of the court are challenged, we must determine whether they are legally and logically correct and whether they find support in the facts set out in the memorandum of decision . . . .” (Internal quotation marks omitted.) State v. Clark, 255 Conn. 268, 279, 764 A.2d 1251 (2001); State v. Edward B., 72 Conn. App. 282, 288, 806 A.2d 64, cert. denied, 262 Conn. 910, 810 A.2d 276 (2002). “Whether the trial court properly found that the facts submitted were enough to support a finding of probable cause is a question of law. . . . The trial court’s determination on the issue, therefore, is subject to plenary review on appeal.” (Citation omitted.) State v. Clark, supra, 279. “However, [w]e [will] give great deference to the findings of the trial court [700]

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Cite This Page — Counsel Stack

Bluebook (online)
813 A.2d 153, 74 Conn. App. 693, 2003 Conn. App. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-arline-connappct-2003.