State v. Cleveland

852 A.2d 1150, 286 A.2d 1150, 371 N.J. Super. 286
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 22, 2004
StatusPublished
Cited by28 cases

This text of 852 A.2d 1150 (State v. Cleveland) 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. Cleveland, 852 A.2d 1150, 286 A.2d 1150, 371 N.J. Super. 286 (N.J. Ct. App. 2004).

Opinion

852 A.2d 1150 (2004)
371 N.J. Super. 286

STATE of New Jersey, Plaintiff-Respondent,
v.
Hason CLEVELAND, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Submitted May 26, 2004.
Decided July 22, 2004.

*1152 Yvonne Smith Segars, Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Daniel I. Bornstein, Deputy Attorney General, of counsel and on the brief).

Before Judges KESTIN, WINKELSTEIN and LARIO.

*1151 The opinion of the court was delivered by KESTIN, P.J.A.D.

A five-count indictment charged defendant, Hason Cleveland, also known as John Yera, with third-degree possession of heroin and cocaine, contrary to N.J.S.A. 2C:35-10a(1) (count one); third-degree possession of heroin with intent to distribute, contrary to N.J.S.A. 2C:35-5b(3) (count two); second-degree possession of heroin with intent to distribute while within 500 feet of a public park, contrary to N.J.S.A. 2C:35-7.1 (count three); third-degree possession of cocaine with intent to distribute, contrary to N.J.S.A. 2C:35-5b(3) (count four); and second-degree possession of cocaine with intent to distribute within 500 feet of a public park, contrary to N.J.S.A. 2C:35-7.1 (count five). A co-defendant, Ebony Brown, was also named in the indictment.

Defendant subsequently moved to suppress the evidence on which the indictment was predicated. Following a hearing, the *1153 motion judge reserved decision, eventually denying the motion for reasons expressed in an oral opinion.

Thereafter, defendant entered a conditional plea of guilty to count five of the indictment. In exchange for the plea, the State had agreed to dismiss the remaining charges. The plea agreement did not call for a sentencing recommendation from the State, leaving the sentence "open ended." The trial court sentenced defendant to a five-year term of imprisonment, to be served concurrently with a sentence defendant was to receive for a criminal matter then pending against him in New York. The trial court also suspended defendant's driving privileges for six months and ordered payment of the penalties, fees and assessments provided by statute.

On appeal, defendant raises a single issue:

DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE SHOULD HAVE BEEN GRANTED BECAUSE THE POLICE OFFICERS' ENTRY INTO THE ROOM OCCUPIED BY DEFENDANT WITHOUT A SEARCH WARRANT CONSTITUTED AN ILLEGAL SEARCH AND SEIZURE PURSUANT TO THE NEW JERSEY CONSTITUTION.

The pertinent facts as found by the trial court were adequately supported by the evidence developed at the suppression hearing, commanding our deference. See State v. Locurto, 157 N.J. 463, 470-72, 724 A.2d 234 (1999); State v. Johnson, 42 N.J. 146, 160-62, 199 A.2d 809 (1964); State v. Watson, 261 N.J.Super. 169, 177, 618 A.2d 367 (App.Div.1992), certif. denied, 133 N.J. 441, 627 A.2d 1145 (1993). Other background facts are essentially undisputed.

Sometime in early November 2000, the Asbury Park Police Department learned that defendant had an outstanding parole arrest warrant in New York, relating to his involvement in a shooting incident. A few days thereafter, Patrolman Phillip J. Montgomery received information from a confidential informant regarding defendant's location.

The informant called Montgomery at about 7:55 a.m. on November 7, 2000, reporting that defendant was "staying" with a woman—later identified as Ebony Brown—at the Sterling Inn in Asbury Park. According to this confidential source, the two were sleeping in room 304 at the time of the call. Montgomery understood from the informant that Brown was the room's "legal tenant." The informant also related that defendant had been selling drugs at the Inn and was in possession of a gun.

Montgomery testified that he was familiar with both defendant and the Sterling Inn. He described the Inn as a haven for drug dealers and stated that he had encountered defendant there in the past.

After speaking with the confidential informant, Montgomery and several other officers proceeded to the Sterling Inn to execute the arrest warrant. When they arrived, the informant, who was apparently also renting a room at the Inn, unlocked the front entrance door and permitted the police to enter. Once inside, Officer Ashe headed towards room 304 on the third floor while the remaining officers, including Montgomery, attempted to locate the Inn's management.

Montgomery knocked on the door to the management office, but did not receive a response. Unable to locate any of the Inn's employees, Montgomery decided to join Ashe on the third floor. He discovered Ashe standing near the door to room 304. Montgomery noted that the door was ajar, seemingly because of a malfunctioning lock mechanism. Montgomery testified that, without pushing the door open further, he peered into the room through the five or six-inch opening, and observed *1154 a black male and female sleeping in a bed less than six feet away. Montgomery testified that he immediately identified the black male as defendant.

Accompanied by Ashe, Montgomery entered the room with his gun drawn. He identified himself as a police officer, informed defendant that he was a "wanted fugitive" in New York, and placed defendant under arrest. Montgomery helped defendant don a pair of pants. Before doing so, however, he searched the pants and found $1086 inside one of the pockets. Another officer then escorted defendant from the room.

Montgomery also noticed several contraband items in plain view on a dresser: a marijuana "blunt," a number of razor blades, and several plastic baggies. After observing these items, Montgomery informed Brown that she was under arrest, too. He then asked Brown for permission to conduct a search of the room, informing her that she could refuse permission. Brown consented to the search. Montgomery noticed a toy that he described as a "pokey man" ball lying on top of the dresser. He looked inside the toy and discovered what was eventually determined to be 9.73 grams of cocaine and 0.32 grams of heroin. Both defendant and Brown were later indicted on the drug charges.

In denying defendant's motion to suppress, the trial court expressly found Montgomery to be a credible witness. On the question whether the police were justified in executing the arrest warrant, the trial court, relying upon our decision in State v. Miller, 342 N.J.Super. 474, 777 A.2d 348 (App.Div.2001), noted the following:

It appears now that there is a two-part standard governing the execution of an arrest warrant in circumstances such as those in Miller. In the absence of consent or exigency an arrest warrant is not lawfully executed in a dwelling unless the officers [ ] executing the warrant have objectively reasonable bases for believing that the person named in the warrant both [resides] in the dwelling and is within the dwelling at the time of the execution of the warrant.
* * *
[Here,] the police had objectively ... reasonable grounds to believe that defendant was actually residing in and was actually in room 304 at the Sterling Inn.

The trial court also concluded that the arrest was justified under the exigent circumstances doctrine.

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Cite This Page — Counsel Stack

Bluebook (online)
852 A.2d 1150, 286 A.2d 1150, 371 N.J. Super. 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cleveland-njsuperctappdiv-2004.