State v. Hickman

763 A.2d 330, 335 N.J. Super. 623
CourtNew Jersey Superior Court Appellate Division
DecidedDecember 26, 2000
StatusPublished
Cited by34 cases

This text of 763 A.2d 330 (State v. Hickman) 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. Hickman, 763 A.2d 330, 335 N.J. Super. 623 (N.J. Ct. App. 2000).

Opinion

763 A.2d 330 (2000)

STATE of New Jersey, Plaintiff-Appellant,
v.
Daniel HICKMAN, Jr., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Submitted October 17, 2000.
Decided December 26, 2000.

*333 Andrew N. Yurick, Gloucester County Prosecutor, for appellant (Joseph H. Enos, Jr., Assistant Prosecutor, of counsel and on the brief).

Ivelisse Torres, Public Defender, for respondent (Lon Taylor, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges SKILLMAN, CONLEY and WECKER. *331

*332 The opinion of the court was delivered by SKILLMAN, P.J.A.D.

This appeal involves the scope of questions a police officer may ask an occupant of a car that is stopped for a motor vehicle violation.

Defendant was indicted for possession of cocaine, in violation of N.J.S.A. 2C:35-10a(1). Defendant moved to suppress the evidence against him, and after an evidentiary hearing, the trial court granted the motion. We subsequently granted the State's motion for leave to appeal the suppression order, and now reverse.

Shortly after midnight on January 7, 1999, defendant was a passenger in a car being operated by an unlicensed driver in the Borough of Westville in Gloucester County. When a West Deptford police officer informed Officer Richard Thomas of the Westfield Police Department that the driver's license was revoked, Thomas stopped the car and asked the driver for his credentials. The driver handed Thomas a driver's license, but a computer check confirmed that the license was revoked. In addition, the driver was unable to produce any registration or other evidence of ownership of the car. At this point, Officer Thomas asked defendant and another passenger whether they had driver's licenses, and they both said no. According to Thomas, when defendant responded to this question, he appeared to be extremely nervous, as evidenced by his "[r]efus[al] to make eye contact," and "shifting his weight from one side to the other." The officer told defendant he looked "really nervous," and asked, "have you got something on you that you should surrender right now? Any contraband, weapons, anything like that[?]" Defendant responded, "yes, I have something in my shoe[,]" and removed a small bag of rock cocaine from his right shoe. Thomas testified that only a few minutes elapsed between the time he stopped the car and defendant revealed the cocaine.

In granting defendant's motion to suppress evidence of the cocaine he had produced from his shoe, the trial court stated:

I see this as ... a compulsory question requiring and demanding a compulsory answer[.] ... You have contraband on you, you shouldn't have, which basically says give it to me.
Under a Fourth Amendment standard,... [w]here is the reasonable articulable suspicion under those circumstances?

On the other hand, if we're looking at it on a Fifth Amendment basis, clearly this is a coercive question in a ... coercive environment in which the officer is basically compelling and demanding information in which this defendant knew he had no reason to believe that he *334 was free to get out of that car and walk away.

....

... [T]wo things are clear to me in this situation. No person under these circumstances would have believed ... that he or she was free to leave....
... [T]he other flip side of that, ... I don't find that there was a reasonable, articulable suspicion that an officer should have had just because of a nervous condition that the defendant ... had contraband on him.
... [F]ield inquiry means being more gentle. I have some things I'd like to ask you and you don't have to answer these questions, or some variation on such a theme. But the defendant really wasn't given a choice under these circumstances. And that's why I found the environment, as well as the question, coercive....

The trial court's opinion does not clearly indicate whether the court conceived that the question Officer Thomas asked defendant violated the Fifth Amendment, the Fourth Amendment, the Due Process Clause of the Fourteenth Amendment, or all three constitutional provisions. In any event, in defending the order granting his motion to suppress, defendant argues that Officer Thomas' question violated the Fifth Amendment privilege against self-incrimination because it was not preceded by the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the Due Process Clause of the Fourteenth Amendment because defendant's response was "[in]voluntary under the totality of the circumstances," and the Fourth Amendment because Thomas did not have a reasonable basis for suspicion that defendant was involved in unlawful activity.

We conclude that the brief questioning of defendant after a valid stop of the car in which he was riding did not violate any of the constitutional provisions relied upon by defendant. The arguments that Officer Thomas was required to give Miranda warnings before questioning defendant and that defendant's admission that he was in possession of cocaine was involuntary, are clearly without merit. However, we discuss these points briefly before considering defendant's Fourth Amendment argument.

I

In Berkemer v. McCarty, 468 U.S. 420, 435-42, 104 S.Ct. 3138, 3147-52, 82 L.Ed.2d 317, 331-36 (1984), the Supreme Court held that roadside questioning of a motorist detained pursuant to a routine traffic stop does not constitute "custodial interrogation" that must be preceded by Miranda warnings. The Court recognized that "a traffic stop significantly curtails the `freedom of action' of the driver and the passengers." Id. at 436, 104 S.Ct. at 3148, 82 L.Ed.2d at 332. Nevertheless, the Court concluded that a traffic stop does not "exert[ ] upon a detained person pressures that sufficiently impair his free exercise of his privilege against self-incrimination to require that he be warned of his constitutional rights." Id. at 437, 104 S.Ct. at 3149, 82 L.Ed.2d at 333.

In reaching this conclusion, the Court pointed to "[t]wo features of an ordinary traffic stop [that] mitigate the danger that a person questioned will be induced `to speak where he would not otherwise do so freely.'" Ibid. (quoting Miranda, supra, 384 U.S. at 467, 86 S.Ct. at 1602, 16 L.Ed.2d at 694). First, "a traffic stop is presumptively temporary and brief" and thus "questioning incident to an ordinary traffic stop is quite different from stationhouse interrogation, which frequently is prolonged, and in which the detainee often is aware that questioning will continue until he provides his interrogators the answers they seek." Id. at 437-38, 104 S.Ct. at 3149, 82 L.Ed.2d at 333. Second, "the typical traffic stop is public, at least to some degree," which "reduces the ability of an unscrupulous policeman to use illegitimate *335 means to elicit self-incriminating statements and diminishes the motorist's fear that, if he does not cooperate, he will be subjected to abuse." Id. at 438, 104 S.Ct. at 3149, 82 L.Ed.2d at 334.

The Court in Berkemer also analogized the "usual traffic stop" to a "Terry stop":

In both of these respects, the usual traffic stop is more analogous to a so-called "Terry stop," see Terry v. Ohio, 392 U.S. 1, 88 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
763 A.2d 330, 335 N.J. Super. 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hickman-njsuperctappdiv-2000.