State v. Hathaway

120 A.3d 155, 222 N.J. 453, 2015 N.J. LEXIS 817
CourtSupreme Court of New Jersey
DecidedAugust 4, 2015
StatusPublished
Cited by80 cases

This text of 120 A.3d 155 (State v. Hathaway) 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. Hathaway, 120 A.3d 155, 222 N.J. 453, 2015 N.J. LEXIS 817 (N.J. 2015).

Opinion

Justice ALBIN

delivered the opinion of the Court.

In this appeal, we must determine whether the warrantless search of a room in a casino hotel, where the police reasonably believed an armed robbery had recently occurred, violated the Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution. Fearing that another victim or victims might be injured or held hostage in the room, and that time was of the essence, heavily armed police entered the room when no one answered the door. After entry, the police observed in plain view a gun inside an open duffel bag. The room was empty, and the weapon was secured as evidence. The hotel room was registered to defendant Dontae Hathaway, who later was charged with second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(b).

Defendant moved to suppress the gun, claiming that its discovery was the product of an unconstitutional search. After a hearing, the trial court suppressed the weapon, finding that the police did not possess probable cause or exigent circumstances to justify a warrantless entry and search of the hotel room. The Appellate Division affirmed.

We now reverse. Responding to an armed robbery at a hotel, the police faced a potentially volatile and dangerous situation — a suspected gunman on the loose who may have injured or was [460]*460presently threatening other patrons or staff. The officers did not have time for a fact-gathering process suitable to a trial or for sustained reflection or deliberation. The perilous and exigent circumstances required prompt action based on the credible information at hand.

We conclude that the trial court erred by viewing the events through the distorting lens of hindsight rather than viewing those events as they appeared to an objectively reasonable police officer who had to make immediate decisions in the face of a credible threat to the safety and lives of others. Based on the evidence presented at the suppression hearing, the police acted within the scope of the emergency-aid exception to the warrant requirement. Accordingly, the gun should not have been suppressed based on the evidence presented by the State.

We remand to the trial court for further proceedings. Because the trial court determined that the State had not sustained its burden after its presentation, the defense was not given the opportunity to call subpoenaed witnesses. At a new hearing, the trial court must consider all evidence presented in deciding the merits of the suppression motion.

I.

A.

Defendant was charged in an indictment with second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b).

At the suppression hearing, the State called one witness, Officer James Armstrong, a seventeen-year veteran of the Atlantic City Police Department. In the early morning of March 28, 2012, Officer Armstrong was working “a special employment detail” in the Taj Mahal Hotel and Casino.1 The record before us consists [461]*461of his testimony, videotape surveillance taken by hotel security cameras, and a photograph of the gun inside a duffel bag.

Around 4:00 a.m. on March 28, a casino security officer radioed Officer Armstrong, requesting that he come to the “security podium” in the casino. There, Armstrong met with several security officers, including supervisor Angel Ramos. Officer Armstrong was told that “a white male” approached the security podium and reported that he had been robbed of $400 in cash at gunpoint by two black males in dark clothing in a room on the hotel’s 70th floor. The hotel patron also said that he was forced to undress during the robbery. Forcing a victim to undress, explained Armstrong, is a tactic that allows robbers to facilitate their getaway.

The security officers described the victim as “animated” and “upset” and told Officer Armstrong that they found him credible based on their experiences with other victims “robbed at gunpoint.” However, several minutes after reporting the crime, the victim departed. In Officer Armstrong’s experience, it was not uncommon for a victim to leave after reporting a crime, particularly if the victim was involved in some embarrassing (if not illicit) activity, such as prostitution. The victim’s name was never discovered, although his identity was recorded by multiple surveillance cameras.

Based on the information provided to him, Officer Armstrong asked the security team to contact the hotel’s surveillance department to review the video footage to confirm the details of the victim’s report. Security Officer Ramos radioed the surveillance room and gave directions to guide the review of the video footage. While waiting to hear from the surveillance department, Officer Armstrong called for the Atlantic City Police Department’s special weapons and tactics (SWAT) team. Because he feared that an armed gunman might be on the 70th floor, Officer Armstrong believed he did not have time to walk ten to fifteen minutes to the building housing the surveillance department and personally review the video footage.

[462]*462About five minutes after Armstrong’s call for backup, a four-member SWAT team arrived at the Taj Mahal. Immediately before the team’s arrival, casino security personnel relayed to Officer Armstrong that the surveillance footage confirmed that the victim, who reported the robbery at the security podium, was observed on an elevator with a white male, a black male, and two females that stopped on the 70th floor.2 Officer Armstrong was told that the five individuals then proceeded to Room 7023, and sometime afterwards, the victim left the room quickly in what appeared to be a panic. When the victim reached the elevator, he frantically looked over his shoulder toward the hotel room as though “something had happened” and pushed the elevator buttons. Based on the surveillance department’s five-minute review of the video footage, security conveyed to Officer Armstrong that perhaps two or more people remained in the room.3 The surveillance department could not account for all those who entered the room.

Officer Armstrong believed that he was “working against time.” He did not know whether there was an armed gunman roaming the casino or a hotel floor, or “barricaded” in the room on the 70th floor. He did not know if there was a hostage in the room or a victim “tied up and gagged” or possibly shot.

Officer Armstrong and the four-member SWAT team, along with Ramos and other casino security officers, proceeded to the 70th floor and set themselves up outside of Room 7023. Security then telephoned inside the room several times, but no one answered. As the officers drew closer to Room 7023, they realized that the door was “slightly cracked” open, “as if someone had left [463]*463in a hurry.” A light was on in the room, but the officers could not see inside. Officer Armstrong called into the room, but there was no response. He was uncertain whether someone inside might be tied up, wounded, or unconscious and whether a gunman might possibly be there.

The officers then jammed the door open and called into the room, again with no response. From their vantage point, they could see partially into the room, catching sight of two beds. But they could not observe the room’s far-right corner or inside the bathroom or closet. The officers entered the room with guns drawn.

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

Related

A-1-25 State v. Paul J. Caneiro
Supreme Court of New Jersey, 2025
State of New Jersey v. M.A.B.
New Jersey Superior Court App Division, 2025
State of New Jersey v. Earl Ross
New Jersey Superior Court App Division, 2025
State of New Jersey v. Jarly v. Castaneda
New Jersey Superior Court App Division, 2025
State of New Jersey v. Jerome L. Gayden
New Jersey Superior Court App Division, 2025
State of New Jersey v. Christopher R. Halgas
New Jersey Superior Court App Division, 2024
State of New Jersey v. Raheem T. Wilson
New Jersey Superior Court App Division, 2024
State of New Jersey v. Javarus Patterson
New Jersey Superior Court App Division, 2024
State of New Jersey v. Lonnie L. Wilkerson
New Jersey Superior Court App Division, 2024
State of New Jersey v. Alfonso Bowen, Jr.
New Jersey Superior Court App Division, 2024
Dcpp v. D.B. and D.H., in the Matter of S.B.
New Jersey Superior Court App Division, 2023
KATSIGIANNIS v. POWELL
D. New Jersey, 2023

Cite This Page — Counsel Stack

Bluebook (online)
120 A.3d 155, 222 N.J. 453, 2015 N.J. LEXIS 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hathaway-nj-2015.