State v. Gobely

366 N.W.2d 600, 1985 Minn. LEXIS 1058
CourtSupreme Court of Minnesota
DecidedApril 26, 1985
DocketC6-83-1569
StatusPublished
Cited by13 cases

This text of 366 N.W.2d 600 (State v. Gobely) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gobely, 366 N.W.2d 600, 1985 Minn. LEXIS 1058 (Mich. 1985).

Opinions

PETERSON, Justice.

Defendant, Timothy Joseph Gobely, was found guilty by a district court jury of receiving stolen property in excess of $1,000, in violation of Minn.Stat. § 609.53 (1984), and was sentenced to 52 months’ imprisonment. The Minnesota Court of Appeals reversed defendant’s conviction as based upon evidence obtained from an unlawful frisk, holding that police officers executing a search warrant in an apartment were not justified in frisking an individual who was seeking entrance to that apartment under circumstances that were not suspicious. 351 N.W.2d 39. We reverse.

On April 22, 1983, a warrant was issued authorizing the search of a second-floor apartment and its storage area in Roseville, Minnesota, for certain items of stolen property. The warrant was based upon the affidavit of an informant concerning thefts committed in a 4-month period by the occupants of the apartment and others.

At about 12:30 p.m. that day, a team of law enforcement officers arrived at the apartment to execute the warrant. Three residents of the apartment, plus a fourth individual, were present when the officers arrived. Among the items seized during the search were two bags of jewelry, which one of the occupants of the apartment admitted had been stolen.

During their search, the officers were interrupted by defendant, who had arrived at the apartment building and was attempting to gain entrance by throwing objects at a window and gesturing toward the locked, rear door of the building. One of the officers, a policewoman who was not in uniform, walked down the stairs, opened the door to the building, and admitted defendant. Defendant asked if she was answering the door for one of the occupants of the building. Without identifying herself as a policewoman, the officer responded affirmatively. Defendant then proceeded up the stairs, “chattering” about how he had to drive to the apartment each time he wanted to talk because the residents of the apartment did not have a telephone. When he reached the apartment, the door was slightly ajar, and defendant entered without knocking.

Once inside the apartment, defendant was surrounded by police officers who identified themselves and requested that defendant do the same. Defendant replied that he did not have to identify himself and made a 90-degree turn, as if to leave. The officers grabbed defendant by the arms, and one of the officers then directed defendant to put his hands on the wall, which he did.

[602]*602As soon as defendant placed his hands on the wall, one officer noted two wedding rings with diamonds on his left hand and a single wedding ring on his right hand that were similar to the jewelry already recovered in the apartment search. Another officer conducted a patdown frisk for weapons, during which he and a third officer also noted the rings on defendant’s hands, as well as an apparently new Pulsar gold watch on defendant’s left wrist. While frisking defendant, the officer encountered a solid object that might have been a weapon. Upon removing it, the officer discovered that it was a jewelry box. He opened the box and found two more rings and a pendant with tags attached that were similar to the tags on the stolen jewelry found in the apartment. Defendant was thereafter formally placed under arrest for possession of stolen property and taken to jail. In routine booking procedures, the jailer discovered a gold chain necklace in the pocket of defendant’s jacket.

All jewelry found in defendant’s possession was identified as having been taken in an early-morning burglary of a jewelry store on April 21, 1983, the day before the warrant was issued. At the omnibus hearing, the trial court determined that the search of defendant had not violated his constitutional rights and allowed the jewelry to be admitted into evidence at trial.

1. The primary issue on appeal is whether this search of defendant and seizure of the jewerly constitutes a violation of defendant’s rights under the Fourth and Fourteenth Amendments of the United States Constitution. In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the United States Supreme Court held that a police officer may stop an individual on less than probable cause when faced with sufficiently suspicious behavior to warrant further investigation and may conduct a reasonable search for weapons where the police officer “has reason to believe that he is dealing with an armed and dangerous individual.” Id. at 27, 88 S.Ct. at 1883. To justify the intrusion, the police must be able to point to specific and articulable facts which, taken together with rational inferences, would “ ‘warrant a man of reasonable caution in the belief’ that the action taken was appropriate.” Id. at 22, 88 S.Ct. at 1880.

We must first consider whether the officers articulated facts sufficient to justify the initial seizure of defendant. In its recent decision in United States v. Hensley, — U.S.-, 105 S.Ct. 675, 83 L.Ed.2d 604 (1985), the United States Supreme Court extended Terry to authorize investigative stops based upon a suspicion that the individual had been involved in a completed crime. Specifically, the court stated that “if police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion.” Id. 105 S.Ct. at 681. See also State v. Gilchrist, 299 N.W.2d 913 (Minn.1980). In this case, the officers had recovered admittedly stolen property within the apartment and knew that individuals in addition to the occupants, some of whom had been named by an informant, had participated in the thefts. Defendant was obviously acquainted with the occupants and had refused to identify himself when asked, instead turning as if to leave. Under the circumstances, we conclude that the officers were justified in stopping defendant.

We similarly conclude that the officers were justified in suspecting that defendant might be armed and dangerous and in conducting a search for weapons. Defendant’s mere presence at the premises being searched would not in itself ordinarily justify a search for weapons, see, e.g., Ybarra v. Illinois, 444 U.S. 85, 100 S.Ct. 338, 62 L.Ed.2d 238 (1979); State v. Bitterman, 304 Minn. 481, 484, 232 N.W.2d 91, 94 (1975), nor would his refusal to identify himself in addition to his presence. State v. Fox, 283 Minn. 176, 168 N.W.2d 260 (1969). The combined factors in this case, however, reasonably led the experienced officers to suspect that defendant was arm[603]*603ed and dangerous. The police had discovered admittedly stolen goods in the apartment. An informant had reported that in at least one robbery the participants had been armed, and the officers knew that some of the goods recovered in the apartment corresponded with those reported to have been stolen in a robbery in which firearms had also been taken.

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State v. Gobely
366 N.W.2d 600 (Supreme Court of Minnesota, 1985)

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Bluebook (online)
366 N.W.2d 600, 1985 Minn. LEXIS 1058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gobely-minn-1985.