State v. Grillo

578 A.2d 677, 23 Conn. App. 50, 1990 Conn. App. LEXIS 294
CourtConnecticut Appellate Court
DecidedAugust 28, 1990
Docket8341
StatusPublished
Cited by8 cases

This text of 578 A.2d 677 (State v. Grillo) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Grillo, 578 A.2d 677, 23 Conn. App. 50, 1990 Conn. App. LEXIS 294 (Colo. Ct. App. 1990).

Opinion

Foti, J.

The defendant appeals from the judgment of conviction of the crime of possession of a narcotic substance in violation of General Statutes § 21a-279 (a).

[51]*51Following the court’s denial of his motion to suppress all of the evidence seized, and his motions to open and reargue the motion to suppress, the defendant entered a conditional plea of nolo contendere pursuant to General Statutes § 54-94a and Practice Book § 4003.1 The defendant challenges the trial court’s denial of his motion to suppress on two grounds: (1) the arresting officers did not have a plain view justification for the search; and (2) they violated his due process rights under the constitutions of both the United States and Connecticut by failing to preserve potentially exculpatory evidence.2

At the suppression hearing, the trial court made the following findings of fact. On September 16, 1988, at approximately 2 p.m., Officer Robert Veach, the resident trooper for the East Lyme state police barracks, stopped a red Toyota pickup truck driven by the defendant on Route 161 in East Lyme. The defendant’s vehicle was pulled over because Veach observed that the registration tag on the truck had expired.3 A routine motor vehicle check revealed that the defendant’s [52]*52license was under suspension. Veach also determined that the pickup truck was being operated without the required insurance. Officer Thomas Smith of the East Lyme police department was also present at the scene of the arrest. The defendant was asked to step out of the vehicle and was placed under arrest for operating a motor vehicle without the required insurance, operating an unregistered motor vehicle, and operating with a suspended license in violation of General Statutes §§ 14-213 (b), 14-12 (a) and 14-215, respectively. Upon placing Grillo under arrest, Veach and Smith observed a transparent garbage bag containing a torch and a box of baking soda in the open bed of the truck. After picking up a corner of the bag, but before opening it fully, Veach also observed an electronic scale, a large glass pipe, and a container of rubbing alcohol. Upon seizing the bag, Veach found it also contained a pad of approximately 200 small square pieces of white paper, small screens, and a quantity of white powder later determined to be cocaine. The officers discarded the bag after the seizure because it was “slimy” or “sticky.”

The defendant maintains that the evidence seized by Veach should have been suppressed by the trial court.4 The defendant argues that the drugs and paraphernalia in the bed of his pickup truck were seized in violation of article first, § 7, of the Connecticut constitution, and the fourth amendment to the United States constitution, as it is applied to the state through the due process component of the fourteenth amendment. Because of these alleged constitutional violations, the [53]*53defendant asserts that the evidence should have been suppressed by the trial court under the exclusionary rule. We do not agree.

At this point, it is helpful to set out the relevant constitutional doctrine. The fourth amendment to the United States constitution, and article first, § 7, of the Connecticut constitution,5 do not prohibit all searches and seizures, but merely unreasonable ones. Elkins v. United States, 364 U.S. 206, 222, 80 S. Ct. 1437, 4 L. Ed. 2d 1669 (1960). The purpose of these constitutional protections is to shield citizens from unwarranted intrusion into their privacy. See State v. Acquin, 177 Conn. 352, 355, 416 A.2d 1209 (1979). The protection of privacy is the paramount purpose of the fourth amendment; State v. Williams, 170 Conn. 618, 624-25, 368 A.2d 140, cert. denied, 429 U.S. 865, 97 S. Ct. 174, 50 L. Ed. 2d 145 (1976); so there can be no fourth amendment protection if there is no legitimate expectation of privacy. Couch v. United States, 409 U.S. 322, 336, 93 S. Ct. 611, 34 L. Ed. 2d 548 (1973); State v. Moscone, 171 Conn. 500, 511, 370 A.2d 1030 (1976).

There is a constitutional difference between searches and seizures of houses and similar structures and searches of vehicles, stemming from either the mobility of an automobile, or the fact that an officer’s extensive and often noncriminal contact with automobiles brings him in open view6 of evidence, contraband or [54]*54the fruits or instrumentalities of a crime. State v. Tully, 166 Conn. 126, 134, 348 A.2d 603 (1974). The expectation of privacy in the exterior of a vehicle is held to be minimal because a car travels public thoroughfares and has little capacity to avoid public scrutiny. Cardwell v. Lewis, 417 U.S. 583, 589-90, 94 S. Ct. 2464, 41 L. Ed. 2d 325 (1974); State v. Williams, supra, 625.

It is also well accepted that a police officer is not required to perform his routine duties with his eyes closed. State v. Tully, supra, 132. This assumption has been used in conjunction with the recognized lesser expectation of privacy in a motor vehicle. Id., 133. The resulting line of cases holds that objects in open view of a police officer, who sees them from a lawful vantage point, may be seized without a warrant. State v. Chetcuti, 173 Conn. 165, 377 A.2d 263 (1977); see also State v. Krause, 163 Conn. 76, 301 A.2d 234 (1972).

In the present case, the defendant had drugs and paraphernalia stored in a clear plastic bag in the open bed of a pickup truck. The contents were visible to public scrutiny as the vehicle was operated on public thoroughfares. The defendant’s expectation of privacy is comparable to that of the defendant in State v. Williams, supra, where a search of a vehicle’s exterior was not constitutionally offensive. The only difference in the expectation of privacy between the open bed of a pickup truck and the exterior of a car, is the fact that the truck bed is partially enclosed by the sides of the truck. The defendant’s truck bed, however, does not warrant a higher degree of privacy than does a trunk that has been voluntarily opened by a motorist. See State v. Smith, 157 Conn. 351, 355, 254 A.2d 447 (1969) (not an unreasonable search for an officer to peer into [55]*55a car’s open trunk where the car was in a public place, and the officer was there legally); see also State v. Bryant, 19 Conn. App. 626, 629, 563 A.2d 326, cert. denied, 212 Conn. 821, 565 A.2d 540 (1989) (no search when defendant voluntarily opened the trunk of his car revealing 484 vials of crack cocaine to an officer).

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

Related

Moore v. Commissioner of Motor Vehicles
160 A.3d 410 (Connecticut Appellate Court, 2017)
State v. Spillane
737 A.2d 479 (Connecticut Appellate Court, 1999)
State v. Jones
718 A.2d 470 (Connecticut Appellate Court, 1998)
State v. Ciarlo, No. Cr4-232784 (Nov. 21, 1995)
1995 Conn. Super. Ct. 12499-CC (Connecticut Superior Court, 1995)
State v. Morales
634 A.2d 1193 (Connecticut Appellate Court, 1993)
State v. Winfrey, No. Cr10-204867 (Dec. 11, 1992)
1992 Conn. Super. Ct. 10968 (Connecticut Superior Court, 1992)
State v. MacNeil
613 A.2d 296 (Connecticut Appellate Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
578 A.2d 677, 23 Conn. App. 50, 1990 Conn. App. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grillo-connappct-1990.