State v. Chisum

200 A.3d 1279, 236 N.J. 530
CourtSupreme Court of New Jersey
DecidedFebruary 5, 2019
DocketA-35/36 September Term 2017; 079823; 079835
StatusPublished
Cited by70 cases

This text of 200 A.3d 1279 (State v. Chisum) 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. Chisum, 200 A.3d 1279, 236 N.J. 530 (N.J. 2019).

Opinion

JUSTICE FERNANDEZ-VINA delivered the opinion of the Court.

**535In this case, police officers responded to a noise complaint at a motel room and determined not to issue a summons when the renter of the room immediately complied with their request to turn down the music. The police nevertheless conducted an investigatory detention on a group of ten people and ran warrant checks on them. More than twenty minutes into the detention, police arrested Deyvon Chisum for an outstanding warrant and discovered a concealed firearm on him. They then conducted pat-down searches on the remaining occupants and found a firearm on defendant Keshown Woodard.

The trial court denied defendants' motions to suppress the firearms. The trial court determined that the police entered the motel room lawfully, Chisum was properly arrested because he had an outstanding warrant, and the seizure of the firearm he possessed was obtained through a lawful *1282search incident to arrest. The trial court also found that the police were justified in conducting pat-down searches of the remaining occupants in the room for the officers' safety. The Appellate Division affirmed.

We disagree with those findings. Once the renter of the motel room lowered the volume of the music and the police declined to issue summonses, the police no longer had any reasonable suspicion that would justify the continued detention of the room's occupants. Once the noise was abated, the police no longer had an independent basis to detain the occupants, or a basis to run warrant checks on them. Such action was unlawful. And because the detention and warrant checks were unlawful, the subsequent pat-down of Woodard was also improper.

**536Therefore, we reverse the judgment of the Appellate Division and remand to the trial court for the withdrawal of defendants' guilty pleas and further proceedings consistent with this opinion.

I.

A.

Shortly before midnight on February 7, 2014, two Neptune police officers, Officer Harris and Officer Sibole, were dispatched to the Crystal Inn Motel to investigate a noise complaint. The noise complaint came from the occupant of Room 223, who stated that people in a nearby room were playing loud music and speaking in loud voices. Officer Harris was familiar with the Crystal Inn Motel based on prior calls to the motel and the motel's reputation as a site where criminal activity took place. Officer Harris testified that the motel "was a spot that officers generally patrolled because there was various narcotics distribution there, as well as calls for homicides, robberies, [and] burglaries."

Upon arriving at the Crystal Inn Motel, the officers made their way down the hallway on the first floor toward the stairs to the second floor. On the way, the officers could hear the music and voices upstairs. As they approached Room 223, the emanating noise increased. At that point, the occupant of Room 223 came out to the hallway and identified himself as the complainant. The complainant stated that the disturbance was coming from the next-door suite, Room 221. Officer Harris could also hear "loud music" and "multiple voices" coming from inside Room 221 from his position in the hallway.

Because of the reputation of the Crystal Inn Motel and the sound of multiple voices coming from inside Room 221, the officers called for back-up as a safety precaution. While waiting for back-up, the officers observed a man open the door to Room 221 and enter the hallway where the officers were standing. As soon as the man saw the officers in the hallway, he turned around and re-entered **537Room 221. Before the door closed, Officer Sibole wedged his foot into the doorway, keeping the door partially open.

The officers remained in the hallway at the threshold of the door to Room 221. Officer Harris identified himself as a police officer and informed the occupants that the police were there in response to a noise complaint. From his vantage point, Officer Harris could see "about ten people" in the room. Officer Harris then asked to speak to the renter of the room, at which time Zykia Reevey identified herself as that person. She apologized for the noise and invited the officers inside. Around that time, three back-up officers arrived. Officer Harris, Officer Sibole, and one of the back-up officers entered the room, while the two other officers remained in the hallway as a safety precaution. Officer Harris spoke to Reevey, who lowered the *1283volume of the music at the officer's request.

The officers then asked Reevey and the other occupants of the room for their identification. All of the occupants provided either a form of identification or, in the case of Chisum and one of the female occupants, identifying information such as a name and date of birth. The officers relayed the occupants' information to dispatch to check for outstanding warrants. Officer Harris stated that the occupants of the room were not allowed to leave until the results of their individual warrant checks came back. The occupants were released from the scene on an individual basis, as each was cleared by the dispatcher.

Officer Harris did not issue any noise violation summons. He testified that the "investigation was complete when [Reevey] agreed to turn the noise down and [he] decided not to give her a summons for the ordinance violation." When asked, however, why he and the other officers did not leave once Reevey turned the music down, Officer Harris testified that "as a police officer ... we want to identify who's in a room or at least get the renter's name." Harris explained that it is standard police practice to obtain a person's identification in the course of issuing a summons for violation of a noise ordinance. According to Officer Harris, one **538of the reasons that identification is obtained in cases like this one is in the event of a callback to that location. Officer Harris further testified that the issuance of a summons for a noise complaint is discretionary and that warrant checks are performed "for any call of service."

The warrant checks were run through the County dispatch system. According to the information entered into the computer-aided dispatch (CAD) report by the dispatcher, the officers detained the occupants for a total of about twenty minutes while awaiting the results of the warrant checks.

Woodard was the first occupant for whom the officer called in a warrant check, at 12:11 a.m. Chisum was the fourth occupant of the room whose information was relayed to the dispatcher, which occurred at 12:14 a.m. The results of the warrant checks began to come back at 12:21 a.m. At least three individuals were released following the results of their warrant checks. According to the CAD report, Woodard was cleared at 12:23 a.m. Woodard, however, either chose to stay on the premises or was not released.1 Dispatch then revealed that a female in the room provided the officers with a false name and that she had an outstanding warrant; she was detained. The warrant check for Chisum came back positive for warrants at 12:32 a.m., and he was placed under arrest.

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Bluebook (online)
200 A.3d 1279, 236 N.J. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chisum-nj-2019.