State v. Edmonds

47 A.3d 737, 211 N.J. 117, 2012 WL 3032259, 2012 N.J. LEXIS 781
CourtSupreme Court of New Jersey
DecidedJuly 26, 2012
StatusPublished
Cited by116 cases

This text of 47 A.3d 737 (State v. Edmonds) 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. Edmonds, 47 A.3d 737, 211 N.J. 117, 2012 WL 3032259, 2012 N.J. LEXIS 781 (N.J. 2012).

Opinions

Justice ALBIN

delivered the opinion of the Court.

The police responded to an unverified 9-1-1 call reporting “a domestic dispute possibly involving a handgun” at a Carteret residence. Outside her apartment, Kamilah Richardson told the police that there was no problem in her home and that her eleven-year-old son was inside alone. Against her will, the police entered the apartment to assure the safety of the young boy. The police found him unharmed, without any visible injuries or signs of distress and no indication of a domestic disturbance inside the apartment. The police removed defendant Shareef Edmonds from an adjoining room, where he was watching television, and frisked him. Without evidence to corroborate the earlier domestic-violence report and without first securing a warrant, the police searched the area where defendant had been seated. A handgun was found under a pillow. Defendant, who was charged with the unlawful possession of the gun, claimed that the warrantless search yielding the weapon was unconstitutional.

The trial court agreed, determining that the search of the home without a warrant was objectively unreasonable and could not be justified by either the emergency-aid or community-caretaking exception to the constitutional warrant requirement. The court suppressed the gun, and the Appellate Division affirmed.

We now hold that sufficient credible evidence in the record supports the trial court’s ruling. The search of a home without a warrant is presumptively unreasonable. Once the police deter[122]*122mined that there was inadequate evidence to corroborate the report of domestic violence, and the parties’ safety was not an issue, there was no objectively reasonable basis to conduct a search under either the community-caretaking or emergency-aid doctrine. At that point, to conduct a search of Ms. Richardson’s home, the police had to apply for a warrant based on probable cause.

I.

A.

Defendant Shareef Edmonds was charged in separate indictments with second-degree unlawful possession of a .38 caliber handgun, N.J.S.A. 2C:39-5(b), and second-degree possession of the same handgun by a person previously convicted of a crime, N.J.S.A. 2C:39-7(b). Defendant moved to suppress the gun, claiming that it was seized during an unconstitutional search of the apartment where he had been visiting.

The Honorable. Frederick P. De Vesa, P.J.Cr., conducted a suppression hearing. The State and defendant agreed that the facts were not in dispute and stipulated to the factual recitation in the report of Carteret Police Officer Marcus Rosario. No witnesses were called at the hearing. The evidence of record reveals the following.

Shortly before 1:00 a.m. on January 16, 2008, the Roselle Park Police Department received a 9-1-1 call from a person who identified himself as “John Smith.”1 He stated, “I’m calling for my sister. I believe that her boyfriend is beating her up and he [123]*123got a gun.” “Smith” gave his sister’s name as Kamilah Richardson and her address as 22 Mary Street in Carteret. He claimed to have no telephone number where he could be contacted, and ended the conversation saying, “My brother-in-law is picking me up. I’m on my way out there now.”2 The record does not indicate that “Smith” ever arrived at the scene.

At 12:54 a.m., Carteret Police Officer Marcus Rosario and three other officers were dispatched “to 22 Mary Street 2nd floor to investigate a domestic dispute possibly involving a handgun.” Officer Rosario’s report notes that the “third party caller” made a report to the Roselle Park Police Department and claimed to be “John Smith[,] the victim’s brother.”

On their arrival, the officers were met by Ms. Richardson at the downstairs door. She told the officers “that there was no problem at the residence” and refused to give consent to their entering her apartment. The officers were apparently insistent on entering her home, and she became “noticeably agitated,” repeatedly stating that she did not want the police in her apartment and “that there was no problem.” In response to a question from Officer Rosario, Ms. Richardson claimed that only her eleven-year-old son, Elijah, was in the apartment. The officers advised Ms. Richardson that they “were going to check her residence for any other possible occupants,” even though she was blocking their way. Ms. Richardson started walking upstairs, saying that she wanted to talk to her son before the police entered. She was advised that “due to the nature of the call” the police would have to enter the apartment first. Officer Rosario, who proceeded up the stairs with two other officers, discovered that the door was locked. Again, Ms. Richardson denied that anyone other than her son was in the apartment. Elijah was told to unlock the door, and he did so.

[124]*124When Officer Rosario stepped into the residence, Elijah was standing in the living room. At that time, Officer Rosario observed a television playing in a room to his left. With his gun drawn, he entered that room and observed a person known to him as Shareef Edmonds. Defendant “was sitting in a chair in front of the television,” and to his left a mattress was on the floor. Officer Rosario ordered defendant “to stand up, put his hands up, and exit the room.” Defendant was patted down for weapons, but none were found. Two officers then stood by defendant as Officer Rosario returned to the adjacent room and searched the “immediate area” where defendant had been watching television. Under a pillow lying on the mattress, Officer Rosario discovered a loaded .38 caliber revolver. Officer Rosario secured the weapon, stepped back into the living room, and asked who owned the gun. Defendant immediately replied, “[Ijt’s mine.” Defendant then was arrested for unlawful possession of the weapon.

While still at the apartment, Ms. Richardson explained that she had been having ongoing problems with her ex-boyfriend, G.S. According to Ms. Richardson, just a day earlier, G.S. had left a telephone message threatening to kill both her and her son. She insisted that defendant had not engaged in any act of domestic violence. Ms. Richardson was arrested for obstruction of justice.3

B.

Based on the record, Judge De Vesa determined that: the officers had a duty to go to the Richardson residence in response to the 9-1-1 call repoi'ting possible domestic violence; the officers were not required to accept Ms. Richardson’s representation that there was “no problem” at the residence; and the officers acted reasonably by further investigating and entering the apartment to ensure the safety of eleven-year-old Elijah. However, viewing the [125]*125“totality of the circumstances,” Judge De Vesa determined that the warrantless search of the room where Officer Rosario found the gun exceeded the permissible scope of the emergency-aid doctrine as discussed in State v. Frankel, 179 N.J. 586, 598, 847 A.2d 561, cert. denied, 543 U.S. 876, 125 S.Ct. 108, 160 L.Ed.2d 128 (2004). He came to that conclusion for a number of reasons.

After Elijah opened the apartment door, the officers did not report that the boy appeared injured or in distress in any way. Nothing in the police report suggests that the officers questioned Elijah before defendant was secured, led from the other room, and patted down. The frisk of defendant yielded no weapons.

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Cite This Page — Counsel Stack

Bluebook (online)
47 A.3d 737, 211 N.J. 117, 2012 WL 3032259, 2012 N.J. LEXIS 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edmonds-nj-2012.