State v. Dion E. Robinson (076267) (Atlantic County and Statewide)

159 A.3d 373, 228 N.J. 529, 2017 WL 1548798, 2017 N.J. LEXIS 424
CourtSupreme Court of New Jersey
DecidedMay 1, 2017
DocketA-40-15
StatusPublished
Cited by37 cases

This text of 159 A.3d 373 (State v. Dion E. Robinson (076267) (Atlantic County and Statewide)) 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. Dion E. Robinson (076267) (Atlantic County and Statewide), 159 A.3d 373, 228 N.J. 529, 2017 WL 1548798, 2017 N.J. LEXIS 424 (N.J. 2017).

Opinion

JUSTICE PATTERSON

delivered the opinion of the Court.

Under federal and New Jersey search-and-seizure jurisprudence, a police officer’s warrantless search of the passenger compartment of a vehicle, following a lawful traffic stop, is a constitutional protective sweep when the circumstances give rise to a reasonable suspicion that a driver or passenger “is dangerous and may gain immediate access to weapons.” State v. Gamble, 218 N.J. 412, 432, 95 A.3d 188 (2014) (citing Michigan v. Long, 463 U.S. 1032, 1049, 103 S.Ct. 3469, 3481, 77 L.Ed.2d 1201, 1220 (1983); State v. Lund, 119 N.J. 35, 48, 573 A.2d 1376 (1990)). A protective sweep, permitted in order to “ferret out weapons that might be used against police officers,” id. at 433, 95 A.3d 188 (quoting State v. Davila, 203 N.J. 97, 129, 999 A.2d 1116 (2010)), “must be cursory and limited in scope to the location where the danger may be concealed,” ibid.

In this appeal as of right, the Court considers whether the protective sweep exception to the warrant requirement applies to a police officer’s search of a vehicle’s passenger compartment in the wake of a traffic stop. The officer conducted a brief conversation with defendant, who was the driver, and his three passengers; the vehicle’s occupants responded to the officer’s questions with confusing and evasive answers. The officer then learned from his department’s dispatcher and a law enforcement database that defendant and one passenger had outstanding warrants and were known to carry weapons. He requested backup and was promptly joined by four other officers. The five officers removed the four occupants from the vehicle and frisked them for weapons. They arrested and handcuffed defendant and one passenger and monitored the other passengers outside of the vehicle. None of the four resisted the officers or sought access to the vehicle. The police officer who had conducted the traffic stop then searched the *535 interior of the vehicle. The officer lifted one passenger’s purse to search the seat, recognized that a weapon was contained in the purse, and retrieved a handgun.

Charged with the unlawful possession of a handgun, defendant moved to suppress the weapon on the ground that it was the product of an unconstitutional search. The trial court denied the motion to suppress. A divided Appellate Division panel reversed the trial court’s judgment. State v. Robinson, 441 N.J.Super. 33, 116 A.3d 50 (App. Div. 2015). A majority of the panel held that the motor vehicle search did not constitute either a protective sweep or an exercise of the police officer’s community-caretaking function. The dissenting judge opined that the circumstances warranted a protective sweep of the vehicle for the officers’ safety and that the community-earetaking exception to the warrant requirement also justified the search.

We conclude that although the circumstances gave rise to a reasonable suspicion that there was a weapon in the vehicle, the five officers’ swift and coordinated action eliminated the risk that any of the four occupants would gain immediate access to the weapon. Accordingly, we hold that the protective sweep exception to the warrant requirement does not govern this case. We also concur with the Appellate Division majority’s determination that the community-caretaking exception to the warrant requirement is irrelevant. However, because the inevitable discovery exception to the exclusionary rule may be pertinent to this case, we conclude that a remand is necessary.

We therefore modify and affirm the Appellate Division’s judgment. We remand this matter to the trial court to determine whether to apply the inevitable discovery exception.

I.

We derive our summary of the facts from the record presented to the trial court during the suppression hearing. Officer Vincent Ceci of the Galloway Township Police Department was the sole witness at that hearing.

*536 Shortly after midnight on April 5, 2012, Officer Ceci, driving a marked patrol car, observed a 2008 Mitsubishi Gallant leave the driveway of a motel and proceed westbound on Route 30. Officer Ceci knew the motel to be in an area associated with drug activity.

As the vehicle proceeded westbound, the driver activated his right turn signal and drove onto the shoulder of the road as if preparing to turn right toward a store, then returned to the travel lane. Approaching an intersection, the driver again activated his right turn signal, but aborted his right turn and quickly crossed back into a westbound travel lane. Officer Ceci considered the driving pattern a “little suspicious” and “unsafe.” He noticed the “silhouette” of an object hanging and swaying several inches below the rearview mirror. He considered the object to be a potential impediment to the driver’s view of the road. The object was later identified as an air freshener.

After the ear turned onto the northbound lanes of the Garden State Parkway, Officer Ceci conducted a motor vehicle stop. He recalled that the lighting in the area was dim, and that his patrol ear’s mounted lights provided the only illumination of the scene. Officer Ceci approached the ear’s passenger side. He observed that there were four people in the car and that none of the four was wearing a seatbelt. It would later be determined that the driver was defendant Dion E. Robinson, the front-seat passenger was Catilya Carson, the left-rear-seat passenger was Marcus Sanders, and the right-rear-seat passenger was Terrón Henderson.

Officer Ceci asked defendant for his license, registration, and insurance. Defendant misidentified himself as Henderson, stated that his license was suspended, and provided the registration and insurance. Officer Ceci asked the passengers for identification. Henderson misidentified himself as defendant and stated that there was alcohol in the plastic cup that he was holding. Carson and Sanders accurately identified themselves and presented New Jersey identification cards but no driver’s licenses.

*537 Officer Ceci asked defendant where the group was going. Defendant responded that they were returning from Atlantic City and had been on the way to Sanders’ home to drop him off when they were stopped. Sanders provided his address. In Officer Ceei’s view, defendant’s statement that he and his passengers were en route from Atlantic City to Sanders’ residence was inconsistent with the location in which the officer initially spotted the car and with the direction in which the vehicle was traveling. Officer Ceci inquired as to who owned the ear, and defendant said that it was owned by his friend, but that he did not know the friend’s name. The passengers did not identify the vehicle’s owner.

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Bluebook (online)
159 A.3d 373, 228 N.J. 529, 2017 WL 1548798, 2017 N.J. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dion-e-robinson-076267-atlantic-county-and-statewide-nj-2017.