State v. Baum

972 A.2d 1127, 199 N.J. 407, 2009 N.J. LEXIS 421
CourtSupreme Court of New Jersey
DecidedJune 15, 2009
DocketA-44 September Term 2007
StatusPublished
Cited by26 cases

This text of 972 A.2d 1127 (State v. Baum) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Baum, 972 A.2d 1127, 199 N.J. 407, 2009 N.J. LEXIS 421 (N.J. 2009).

Opinions

Justice HOENS

delivered the opinion of the Court.

This Court granted defendant Jermel Moore’s motion for leave to appeal from the Appellate Division’s judgment that reversed the trial court’s order suppressing evidence. From the time when the suppression motion was filed before the trial court and continuing through the argument and decision on appeal, defendant framed the issue in terms of his assertion that the items he sought to suppress had been seized during a warrantless search of the automobile in which he was a passenger.

During the proceedings before this Court, however, it became apparent that the critical element in defendant’s analysis was the alleged illegal detention and coercive interrogation of the vehicle’s driver, co-defendant Angela Baum. That is, defendant argued that [412]*412the warrantless search of the automobile was unconstitutional because it was based on the incriminating statements Baum made at a time when her constitutional rights were being violated. We therefore entertained supplemental briefs and oral arguments by the parties addressed to whether defendant had standing to assert Baum’s right to be free from self-incrimination as the basis for his motion to suppress the fruits of the automobile search.

It has become plain that, regardless of the theory on which defendant’s suppression motion was considered and decided by the motion court and the appellate panel, its essential predicate was the attempted vicarious assertion of Baum’s constitutional right against self-incrimination. That right, however, both as articulated in the Fifth Amendment of the United States Constitution and as embraced in our statutory and common law, is a purely personal one. We therefore conclude that defendant lacks standing to assert the violation of that right as the basis for his challenge to the search at issue.

In the alternative, because defendant’s possessory interest in the contraband affords him automatic standing to challenge the warrantless search of the automobile, we have separately considered his motion in that light. Having done so, we conclude that the Appellate Division correctly analyzed the issue and applied the appropriate precedents in reaching its judgment.

We affirm and modify the decision of the Appellate Division vacating the order of suppression, and we remand this matter for further proceedings.

I.

The facts and circumstances surrounding the stop and search of the automobile in which defendant was a passenger are fully described in the published decision of the Appellate Division, see State v. Baum, 393 N.J.Super. 275, 280-84, 923 A.2d 276 (App.Div. 2007), and we therefore need only summarize them briefly.

[413]*413Late at night, a Bernards Township police officer saw a vehicle with tinted windows at a gas station near the entrance to Route 78. He noticed that the vehicle had a New Jersey license plate but no inspection sticker. He then learned that the owner’s license was suspended but that there were no reports that the vehicle had been stolen. The officer saw the vehicle leave the gas station and turn onto the ramp leading to the highway, which he described as a known drug courier route. He stopped the vehicle, radioed the license plate information and his location to police headquarters, and approached. Everything that followed was captured on the patrol car’s video recording system.

When Baum, the driver, could not produce a license or an insurance card, and when she turned over a vehicle registration that was not in her name or in the name of any of the passengers, the officer asked her to step out of the vehicle. As his inquiries continued, defendant, who was the front seat passenger, and Baum, who was standing behind the vehicle and in front of the patrol car, gave the officer conflicting explanations and answers, providing different information about where they had been and where they were going. When the officer questioned her further, Baum’s responses were inconsistent with what she had said earlier.

Because Baum had neither a license nor any other form of identification with her, the officer asked for her name, address, and birth date in order to verify that she was a validly licensed driver. Due to other, unrelated police business on the radio, it took several minutes for the officer to transmit that request and receive a response. While he was waiting for that information, he continued to make inquiries of her. As the encounter continued, the officer told Baum that her answers did not match defendant’s, and he made his disbelief apparent. Another officer arrived and stood nearby.

Eventually, the first officer told Baum that he suspected that there was something in the car that should not be there and asked her if she wanted to tell him what was going on. Baum said that [414]*414they had been smoking marijuana earlier but that she did not know whether defendant had brought any into the ear. When the officer said that he could summon a drug-sniffing dog, Baum admitted that there was marijuana in the ear, but told him that it belonged to defendant.

A short time later, the officer learned from the dispatcher that Baum’s license was suspended, at which point he arrested her and advised her of her rights. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). She then waived her rights and revealed where in the vehicle a container of drugs could be found. When the officers located it, they found cocaine and marijuana inside. After being advised of his rights, defendant told the officers that the cocaine was his, but that the marijuana was Baum’s. The entire encounter, from the time of the initial stop through Baum’s arrest, lasted twenty-six minutes.

II.

Based on the evidence retrieved from the vehicle, defendant and Baum were indicted for possession of a controlled dangerous substance (cocaine), N.J.S.A. 2C:35-10(a)(l), and possession, more than fifty grams, (marijuana), N.J.S.A. 2C:35-10(a)(3). Both Baum and defendant filed motions to suppress the evidence discovered in the vehicle in which they challenged the warrantless search conducted at the roadside.

The Law Division judge conducted a hearing on the motions during which he reviewed the videotape taken by equipment located in the police cruiser and which depicted the stop, the officer’s questioning of both Baum and defendant, and the search. In addition, the officer who initiated the stop and conducted the investigation testified. After considering the evidence, the court granted the motion suppressing the drugs found in the vehicle.

In its analysis, the motion court concluded that the initial vehicle stop was lawful and that the length of time involved in the stop and the investigation, although somewhat delayed, was permissible because of the time needed to receive information about [415]*415Baum’s license. Nonetheless, the court found that the officer’s behavior toward Baum was coercive, that the questioning of her amounted to an impermissible custodial interrogation, and that the officer should have given her the warnings required by Miranda after she admitted that they had been smoking marijuana earlier. In addition, the motion court concluded that the information provided by Baum was insufficient to constitute the specific and articulable facts needed to support the warrantless search of the vehicle. The court therefore granted the suppression motion.

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Bluebook (online)
972 A.2d 1127, 199 N.J. 407, 2009 N.J. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baum-nj-2009.