State v. Crawley

901 A.2d 924, 187 N.J. 440, 2006 N.J. LEXIS 1141
Supreme Court of New Jersey·Decided July 24, 2006·Published·Cited by 78 cases

Opinions

Justice ALBIN

delivered the opinion of the Court.

In this case, two police officers on patrol received a dispatch from headquarters that a person was armed with a gun outside a bar. Minutes later, near the bar, the officers sighted a man matching the description given in the dispatch and ordered him to stop for questioning. Instead, the man, later identified as defendant Saleem T. Crawley, ran. After an intense pursuit, the officers arrested defendant. Defendant was convicted of the disorderly persons offense of obstructing “a public servant from lawfully performing an official function by means of flight.” N.J.S.A. 2C:29-l(a). Defendant claims in this appeal that because the officers engaged in an unconstitutional investigatory stop, the officers were not “lawfully performing an official function,” and therefore he should have been found not guilty.

In upholding defendant’s conviction, the Appellate Division determined that the investigatory stop was constitutional, finding that the officers acted based on “a reasonable articulable suspicion of criminal activity.” We affirm, but for different reasons. We conclude that in relying on the dispatch from headquarters the officers were “lawfully performing an official function” when they commanded defendant to stop. Defendant’s obligation to comply with that command did not depend on how a court at some later [444] time might decide the overall constitutionality of the street encounter. Because the officers acted in good faith and under color of their authority, defendant violated the obstructing statute when he took flight,' thus endangering himself, the police, and the public.

I.

At defendant’s trial in Newark Municipal Court, the State presented its case through the testimony of Newark police officers Paul Williams and Matthew Milton. Shortly after midnight on March 15, 2002, while on patrol in a marked police ear, Officers Williams and Milton received a radio dispatch reporting that there was a man armed with a gun at the Oasis Bar located on South Orange Avenue in Newark.1 The dispatcher described the suspect as a young black male, 5'5" to 5'7" tall, weighing about 150 pounds, and wearing a green jacket, red shirt, blue jeans, and black boots. Less than two minutes later, while traveling westbound on South Orange Avenue toward the bar, the two uniformed officers observed defendant walking eastbound “at a semi-brisk pace” with his hands in his jacket pockets. Defendant matched exactly the dispatcher’s description of the suspect. Officer Williams referred to that part of South Orange Avenue as “[a] very high narcotics area,” and to the Oasis as a “notorious bar” known for “[a] lot of weapons offenses.”

Without activating the patrol car’s siren or overhead lights, the officers made a U-turn and approached defendant from behind. As the patrol car pulled up alongside defendant, Officer Williams rolled down the passenger side window and called out, “Police. Stop. I need to speak with you.”2 In response, defendant “imme[445] diately turned and just started running.” Officer Williams then. pursued defendant on foot, while Officer Milton circled the block in the patrol car. Williams chased defendant through a parking lot and to an apartment complex, where defendant threw an object to the ground. Williams picked up the object, a small plastic bag, and resumed the pursuit, eventually cornering defendant at the bottom of an apartment complex stairwell. There, for the first time, the officer drew his gun. Williams arrested defendant, but found no weapon on him. The small plastic bag discarded earlier by defendant held twelve smaller plastic bags containing a white powder. A field test conducted by the officers indicated that the powder was cocaine.

Defendant gave an entirely different account of that evening’s events. He testified that after leaving the home of a friend, he was walking down South Orange Avenue, when the patrol car made a U-turn. He claimed that both officers “jumped out” of the vehicle with their guns drawn, and because he was frightened, he ran. He denied that he discarded drugs.

II.

A

Defendant was charged with four disorderly persons offenses: possessing and failing to deliver a controlled dangerous substance (CDS) to a law enforcement officer, in violation of N.J.S.A. 2C:35-10(c); possessing drug paraphernalia, in violation of N.J.S.A. 2C:36-2; loitering for purposes of obtaining or selling a CDS, in violation of N.J.S.A 2C:33-2.1; and obstructing the administration of law or other governmental function, in violation of N.J.S.A. 2C:29-1.

At defendant’s trial, the prosecutor presented only the empty outer bag discarded by defendant and none of the smaller bags allegedly containing cocaine, which apparently were lost. As a result, at the end of the State’s case, the municipal court granted defendant’s motion for a judgment of acquittal on the failing to [446] deliver and loitering charges. In rendering its final verdict, the court found defendant guilty of obstructing the police officers in the lawful performance of their duties and not guilty of possessing drug paraphernalia.3 The court sentenced defendant to a one-year probationary term, along with appropriate fines, assessments, and court costs.

B.

In a trial de novo before the Superior Court, Law Division, defendant argued that because the police officers did not have reasonable suspicion for a constitutional stop, the officers were not “lawfully performing an official function” under N.J.S.A. 2C:29~ 1(a). He thus contended that his flight could not be the basis for a conviction. In rejecting that analysis, Superior Court Judge John C. Kennedy held that “[pjolice action which is reasonable under the totality of the circumstances, though mistaken from a constitutional perspective, is not ‘unlawful’ under N.J.S.A' 2C:29-l(a).” Accordingly, Judge Kennedy determined that he was not required to decide whether the police officers conducted “a constitutionally permissible investigatory stop,” but only whether their actions were “objectively reasonable.”

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State v. Crawley, 901 A.2d 924, 187 N.J. 440, 2006 N.J. LEXIS 1141 (N.J. 2006).

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