State v. Bogan

975 A.2d 377, 200 N.J. 61, 2009 N.J. LEXIS 675
CourtSupreme Court of New Jersey
DecidedJuly 7, 2009
StatusPublished
Cited by48 cases

This text of 975 A.2d 377 (State v. Bogan) 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. Bogan, 975 A.2d 377, 200 N.J. 61, 2009 N.J. LEXIS 675 (N.J. 2009).

Opinion

Justice ALBIN

delivered the opinion of the Court.

Under the pretext of offering a fourteen-year-old female student a car ride to school, defendant Anthony Bogan instead took her to an apartment where he sexually molested her. That same morning, the student reported the crime to the police and gave a description of defendant and the precise location of the apartment. When the police proceeded to the apartment, a nervous, young-boy in pajamas opened the door and gave inconsistent responses to simple questions. When the boy answered the telephone inside the apartment, he handed the receiver to one of the officers to speak with his parent. The officer, who stepped inside the apartment to take the call, then saw defendant—who fit the description of the alleged molester—lying on a bunk bed. On-site officers entered the apartment and arrested defendant, who after-wards made incriminating statements.

The trial court denied defendant’s motion to suppress the statements he made to the police, finding that the entry into the apartment was justified by the exigent circumstances and community caretaking exceptions to the warrant requirement of the federal and state constitutions. Disagreeing with the trial court, the Appellate Division suppressed defendant’s inculpatory statements. It concluded that the police, armed with probable cause, approached the apartment for the purpose of conducting an investigation, and should have secured a search warrant before entering the premises.

We now reverse the Appellate Division and determine that the police officer’s entry into the apartment to take the telephone from an unattended child to speak with his parent was justified by the community caretaking doctrine. The officer did not need a search warrant to speak with the parent of a child, who inexplica *65 bly was not in school and was purportedly alone in an apartment where a suspected crime had occurred. Under the circumstances, the police had a community caretaking duty to identify a responsible adult for the young boy and an immediate duty to ensure his safety. Because the officer was lawfully on the premises when he observed defendant in plain view, the police had a right to question defendant. Accordingly, the statements made by defendant to the police were properly admitted at trial.

1.

A.

Sometime between 9:30 a.m. and 10:00 a.m. on May 27, 2004, a receptionist at the Passaic Mill Work on Central Avenue in the City of Passaic noticed a young girl outside on the sidewalk, crying hysterically and pacing back and forth. The receptionist invited the fourteen-year-old girl, whose name was Kathleen, inside and offered her water. 1 After learning that a person who was supposed to drive Kathleen to school had molested her, the receptionist called the Passaic Police Department.

A Passaic police sergeant first arrived on the scene. However, once it was determined that Kathleen claimed to have been sexually molested in a City of Clifton residence, Clifton police officers arrived shortly thereafter. Kathleen informed the officers that, while walking to school that morning, she was offered a ride by a male family friend who she knew by the name of “Bog”— later identified as defendant. 2 Instead of taking her to school, defendant drove Kathleen in a gray car to 311 Russell Street in Clifton, where he lured her into a second-floor apartment. Inside, *66 defendant sexually molested Kathleen, touching her breasts and vaginal area over her clothing.

Kathleen described defendant as an African-American male, between twenty- and thirty-years old, approximately five foot, ten inches in height, and wearing a white t-shirt, dark blue jeans, and black sneakers. She also told the police that while she was inside the apartment, a young boy named Wally was there. Accompanied by Kathleen, three Clifton police officers—Officers Berge and Guerrero and Sergeant Dennis—proceeded to 111 Russell Street, which was a short distance away.

On their arrival, they found parked in front of the Russell Street address a gray 1991 Audi, which Kathleen identified as the car driven by defendant. A cheek of the license plate revealed that the vehicle was registered to Delilah Vance, of 111 Russell Street. After Kathleen was escorted around the corner, the officers rang the bell to the second-floor apartment. In response, the officers heard an adult-sounding male voice yell from inside the apartment, “Who is it?” The officers replied, “Clifton Police.”

A few moments later, Wally Vance—an approximately twelve-year-old boy wearing pajamas—opened the door. The officers followed Wally up the stairs toward the second-floor apartment, asking him if he was home alone. Wally answered, “ ‘no, nobody’s at home’ ” but “he seemed a little nervous.” That answer struck the officers as inconsistent with the adult male voice they heard earlier coming from the apartment. At the top of the stairs, with Wally inside the apartment and the officers on the landing outside the doorway, the conversation continued. When questioned concerning the whereabouts of his mother, Wally “teeter[ed] back and forth,” saying “she was at work or at the store.” To Officer Berge, Wally appeared “uneasy,” and his answers were not “crisp.” Officer Berge thought that Wally might be in danger and that his answers might have been “coaxed” from someone within the apartment, and feared that other juveniles might be inside.

Shortly after the officers began conversing with Wally, Sergeant Donato of the Clifton Police Department Juvenile Detective Divi *67 sion arrived at the scene. Also, at about that time, the telephone rang in the kitchen, which was located immediately inside the apartment. Wally picked up the receiver and told the officers that his father was on the phone. Standing outside of the apartment, Sergeant Donato asked Wally if he could speak with his parent and Wally responded, “certainly.” The sergeant then walked a few steps into the apartment and was handed the receiver by Wally. While on the telephone, inside the kitchen area, Sergeant Donato was able to see into a bedroom where defendant was lying on the bottom level of a bunk bed. Defendant fit the description given earlier by Kathleen. Sergeant Donato then motioned for Officer Berge and Sergeant Dennis to enter the apartment; the two officers immediately went into the bedroom where they found the reclining defendant.

Sergeant Dennis read defendant the Miranda 3 warnings and asked for his name. Defendant identified himself as “Anthony Green.” At that point, Sergeant Donato was on the telephone with Wally’s mother. She advised the sergeant that Anthony Bogan was supposed to be caring for Wally. Upon further questioning, defendant explained that Bogan was his “maiden name.” While communicating with headquarters, the officers learned that there were multiple outstanding arrest warrants for the twenty-six-year-old defendant under the name Anthony Bogan. Defendant was then handcuffed and read again his Miranda rights.

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Bluebook (online)
975 A.2d 377, 200 N.J. 61, 2009 N.J. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bogan-nj-2009.