State v. Gates

703 A.2d 696, 306 N.J. Super. 322, 1997 N.J. Super. LEXIS 527
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 5, 1997
StatusPublished
Cited by3 cases

This text of 703 A.2d 696 (State v. Gates) 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. Gates, 703 A.2d 696, 306 N.J. Super. 322, 1997 N.J. Super. LEXIS 527 (N.J. Ct. App. 1997).

Opinion

GAROFQLO, P.J. Cr.

At issue is whether the so-called “open field doctrine” should operate to excuse the warrantless entry onto private lands by conservation officers investigating suspected violations of the State’s fish and game laws.

On December 5, 1995, deer hunters told Conservation Officer Honachefsky that shots had been heard near the Tuckahoe Turf Farms at 11:30 p.m. the night before and at 5:30 a.m. that morning. A similar report was received on December 7, 1995. Hunting deer at night is specifically prohibited by N.J.SA 23:4-45(a). Those providing the information were not known by name to Officer Honachefsky, although he “may have seen them [324]*324around.” He testified that the individuals could not be characterized as reliable in the sense that he had not previously received information from them.

The property in question, which is owned by the Betts family, is described as a mixture of wetlands, fields and forests behind the turf farms. While there was no evidence offered of the exact size of the area in question, the evidence gives the impression that a considerable amount of acreage is involved. The property was also described as an area “commonly hunted.”

On December 7, 1996, Officers Honaehefsky and Cianciulli walked onto the property to make observations. To do so they walked past a gate and a “No Trespassing” sign. Except for the gate, there was no other fencing and the gate was readily avoidable by use of an “ATV path” going around it. Once on the property, the officers located a pile of bait. Near the bait was a truck body, a likely place from which someone could hunt. Conservation Officer Honaehefsky theorized that since the next day was the close of antlered deer season, that it would be the last night that a deer could be killed and receive a tag the next morning. Thus, the officers decided to stake out the deer blind that night. Honaehefsky and Cianciulli did so, using the same means of ingress as they had earlier that day.

At approximately 12:30 a.m. on the morning of December 9, 1996, while they were stationed at the baited deer blind, the officers observed a motor vehicle come onto the field with its headlights on and a spotlight cast from the inside of the vehicle. They observed the vehicle cross a field of “cover crop” and continue to “spotlight” with a light twice brighter than the high beams of the vehicle itself. At that time the officers observed an object inside the vehicle which to one of them appeared to be a gun barrel and to the other as possibly an antenna. It was also observed that the tail lights on the vehicle were not illuminated. The officers then saw a deer “caught” in the spotlight. The suspect vehicle turned and gave chase for a short distance before breaking off the chase. The officers observed that the deer had [325]*325no antlers and theorized that the suspect hunters were interested in antlered deer only, since only an antlered deer could be properly tagged the next day. Thus the officers believed the chase ended once the suspect hunters determined that the deer had no antlers.

At that time the officers called Lt. Mark Stullenberger for assistance. Operating a four-wheel drive truck, he entered the property via a different route utilized by Officers Honachefsky and Cianciulli. Stullenberger drove onto the property from a public roadway onto a dirt road that led to the Cooper Swamp Gun Club, about 100 yards off the public road. He drove through the gun club parking lot to an adjacent dirt road and onto the subject property. He encountered no fences, gates or signs stating “No Trespassing.”

Lt. Stullenberger met up with Officers Honachefsky and Cianciulli in the field about three-quarters of a mile from the public road and he was briefed on what they had observed. Approximately ten or fifteen minutes later, a truck was driven into the area. Its tail lights were not illuminated. At that time Stullenberger began to follow the suspect truck and activated his overhead red lights in an effort to stop it. The vehicle fled in the direction of Officers Honachefsky and Cianciulli who shined flashlights on the vehicle and its occupants in an effort to get the vehicle to stop. Rather than stop, the vehicle fled toward them requiring them to flee from its path. Stullenberger pursued the vehicle from the field and onto a dirt road into a heavily wooded area and also activated his siren. The chase continued for approximately four miles through field, woods, and swamps before the vehicle finally stopped. At that time the defendants were arrested. A search of the vehicle revealed a spotlight, spilled beer on the front seat, and unopened cans of beer in the rear of the vehicle. A search of the truck’s path of flight was conducted and a loaded scope rifle was found about three-tenths of a mile from the point at which the truck had been stopped. Also found along the truck’s flight path was an apparently discarded, partially empty, can of beer. The [326]*326defendants were charged with various fish and game violations as well as Title 39 and Title 2C violations. A motion to suppress was heard in municipal court and denied. This appeal de novo followed.

The defendants seek to suppress the fruits of the officers’ intrusion on the grounds that a warrantless entry onto private lands was unreasonable and violative of Article I, Paragraph 7, of the New Jersey Constitution. They seek shelter from the New Jersey Constitution since the “open fields” exception has been long recognized by the Supreme Court of the United States. Hester v. United States, 265 U.S. 57, 44 S.Ct. 445, 68 L.Ed. 898 (1924). The doctrine was more recently reconsidered and ratified by the Court in Oliver v. United States, 466 U.S. 170, 104 S.Ct. 1735, 80 L.Ed. 2d 214 (1984) and again in United States v. Dunn, 480 U.S. 294, 107 S.Ct. 1134, 94 L.Ed.2d 326 (1987). In Oliver the Court actually dealt with two cases from different jurisdictions. In the first, narcotics agents went to petitioner’s farm to investigate reports that marijuana was being grown on the premises. They drove past petitioner’s house to a locked gate with a “No Trespassing” sign but with a footpath around one side. They followed the footpath and walked down the road several hundred yards past a barn and a parked camper. An unidentified person yelled to them from the camper that “no hunting is allowed, come back up here.” They continued, however, and over a mile from petitioner’s house, found a field of marijuana. Id. at 173,104 S.Ct. at 1738. In the second case, Maine v. Thornton, the police, acting on an anonymous tip that marijuana was being grown behind respondent’s residence, entered the wood by a path between the residence and a neighboring house. Following a footpath through the woods, they came to two marijuana patches fenced with chicken wire. They later returned with a search warrant and seized the marijuana. Id. at 173-75, 104 S.Ct. at 1739. In delivering the Court’s majority opinion, Justice Powell did an historical and contemporary analysis of the Fourth Amendment’s purposes and concluded that the properties searched were open fields where an individual has no legitimate right to privacy. In [327]*327so holding, the Court eschewed any notion that an individual can establish an expectation of privacy by taking steps such as erecting fences and “No Trespassing” signs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Russo
934 A.2d 1199 (Supreme Court of Pennsylvania, 2007)
State v. Citarella
712 A.2d 1096 (Supreme Court of New Jersey, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
703 A.2d 696, 306 N.J. Super. 322, 1997 N.J. Super. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gates-njsuperctappdiv-1997.