State v. Fede

202 A.3d 1281, 237 N.J. 138
CourtSupreme Court of New Jersey
DecidedMarch 12, 2019
DocketA-53 September Term 2017; 079997
StatusPublished
Cited by14 cases

This text of 202 A.3d 1281 (State v. Fede) 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. Fede, 202 A.3d 1281, 237 N.J. 138 (N.J. 2019).

Opinion

JUSTICE TIMPONE delivered the opinion of the Court.

**141In this appeal, we consider whether defendant Andrew J. Fede violated the criminal obstruction statute, N.J.S.A. 2C:29-1(a), when he refused to remove the chain lock from the door to his home and allow warrantless entry by police officers who were responding to a report of potential domestic violence.

We stress that the police officers had the right to enter defendant's home under the emergency-aid doctrine, which permits warrantless entry under circumstances like those presented in this case. Because defendant's refusal to remove the door chain did not constitute an affirmative interference for purposes of obstructing justice within the meaning of the obstruction statute, we reverse **142the judgment of the Appellate Division and vacate defendant's conviction.

I.

A.

We glean the following facts from the record. On the evening of March 16, 2014, two police officers from the Cliffside Park Police Department were dispatched to a multi-family building on Palisades Avenue in response to a call reporting a potential domestic violence situation. Patrol Officer Zoklu and Sergeant Becker of the Cliffside Park Police Department were the first to arrive at the building. Neither officer observed any commotion. In consultation with the dispatcher, they learned the reported domestic altercation was coming from apartment number three. The officers knocked on the door of apartment three -- defendant Andrew Fede's apartment. Defendant partially opened the door, which was secured with a chain lock. The officers and defendant could see one another.

The officers identified themselves, told defendant they were investigating a domestic disturbance, and sought entry into his home to check on the well-being of the occupants. During the initial stages of their conversation, the officers learned that defendant lived with Stephanie Santiago. Defendant explained that she was away in South Carolina and he was alone in the apartment. Defendant insisted that *1284the officers were at the wrong location. The officers requested entry to verify defendant's assertions. He refused.

As the conversation continued, the situation became more contentious. Defendant asked if they had a warrant. The officers explained they were acting under the community-caretaking doctrine and were permitted to enter his home without a warrant to ensure the welfare of the occupants. Defendant demanded a warrant. He remained by the door in view of the officers, refusing to unchain his lock.

**143In an effort to defuse the situation, the officers gave defendant the telephone number of their supervisor. Fede called and spoke to the supervisor, who confirmed the officers' reason for seeking entry. The supervisor explained to Fede that the officers were responding to a report of domestic violence inside his home, that they sought entry into the home to conduct a welfare check, and that once they checked the home to verify that no one had been injured, the officers would be on their way. Despite attempts to reason with Fede for well over twenty minutes, the officers were unable to convince him to unchain his door. Defendant later explained that he was exercising his Fourth Amendment rights and that he always kept the chain lock engaged when he answered the door. Fede also threatened to sue the police officers if they broke the chain to enter.

Concerned about the possibility of domestic violence, the officers broke the chain lock on Fede's door and entered his apartment. The entry was uneventful, and after being instructed to move into the building's hallway, Fede stepped outside of his apartment and stood next to Zoklu as other officers searched the home. The search confirmed that defendant was alone in the apartment. The officers thereafter placed Fede under arrest for obstruction of the administration of the law under N.J.S.A. 2C:29-1(a) for failing to remove the chain lock from his door.

B.

On February 12, 2015, a bench trial was held in the Cliffside Park Municipal Court. The court heard testimony from Officer Zoklu, Stephanie Santiago -- defendant's roommate -- and defendant. At trial, Zoklu recounted the events leading to Fede's arrest. In all material respects, Fede's testimony was similar to Zoklu's.

The trial court found the officers had an objectively reasonable basis to enter Fede's apartment given the report of domestic violence and that Fede had a legal obligation to admit officers into his home. The court found Fede's refusal to unchain his lock so the officers could enter the apartment constituted an obstacle for **144purposes of N.J.S.A. 2C:29-1(a) and fined him $200 plus court costs.

C.

On Fede's first appeal, a Law Division judge affirmed defendant's conviction in an opinion dated September 21, 2015. Recognizing that "[a] necessary element of [ N.J.S.A. 2C:29-1 ] requires defendant to have affirmatively taken some action to physically interfere, or place an obstacle, to prevent the police from performing their official function," the court nevertheless concluded that because defendant had "purposely prevented" officers from gaining entry into his home by "refusing to unchain his door," he "creat[ed] an obstacle, which prevented the police from performing their official function." The court justified the responding officers' warrantless entry onto defendant's premises under the emergency-aid doctrine.

D.

On further appeal to the Appellate Division, the panel affirmed the Law Division's *1285holding, additionally relying on our decision in State v. Reece, 222 N.J. 154, 117 A.3d 1235 (2015) (finding a defendant guilty of obstruction for closing his entry door when police officers attempted entry into the defendant's home).

We granted Fede's petition for certification. 232 N.J. 412, 180 A.3d 723 (2018).

II.

Fede urges us to reverse the Appellate Division decision, arguing that unlike the defendant in Reece, Fede took no affirmative act to obstruct the police from fulfilling an official obligation.

**145B.

The ACLU largely echoes defendant's position by arguing that Fede's refusal to permit a warrantless search of his home cannot give rise to criminality for obstruction. The ACLU notes the record is devoid of any facts that demonstrate Fede physically blocked the police's entry, or that he prevented the officers from breaking the chain lock.

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Bluebook (online)
202 A.3d 1281, 237 N.J. 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fede-nj-2019.