State v. Kaltner

22 A.3d 77, 420 N.J. Super. 524, 2011 N.J. Super. LEXIS 134
CourtNew Jersey Superior Court Appellate Division
DecidedJune 29, 2011
StatusPublished
Cited by8 cases

This text of 22 A.3d 77 (State v. Kaltner) 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. Kaltner, 22 A.3d 77, 420 N.J. Super. 524, 2011 N.J. Super. LEXIS 134 (N.J. Ct. App. 2011).

Opinion

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

We granted the State leave to appeal from the Law Division’s order suppressing evidence of drugs seized from the third floor bedroom of defendant Derek Kaltner. For the following reasons, we affirm.

According to the State’s proofs, towards the end of September 2009, defendant and four other men, all Monmouth University students and at least two of whom were fraternity brothers, rented an off-campus home located in a residential neighborhood of Long Branch. The following month, on the evening of October 22, 2009, their home was host to a large party, resulting in a noise complaint to Long Branch Police.

The City of Long Branch has a noise ordinance, which provides:

It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which endangers the health, safety or welfare of the community or which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others nearby or near to or upon a public highway, road, street, lane, alley, park residence, square or common whereby the public peace is broken or disturbed or exceeds the sound pressure levels enumerated in § 235-4.
[Lang Branch, N,J., Code § 235-1 (2010).]

According to Long Branch Police Officer Ramon Camacho, upon responding to noise complaints, police typically knock on the door of the offending residence, speak with the responsible resident, and direct that individual to comply with the noise ordinance by issuing either a verbal warning or written summons. In fact, this was not the first time Camacho had been dispatched to the residence at 741 Westwood Avenue. Earlier that month, Camacho had responded to complaints of a loud party at the home and warned one of defendant’s housemates to abate the noise or a summons would issue for violating the city’s noise ordinance.

On the present occasion, Camacho and four other officers arrived at the residence at 2:15 a.m. on October 23, 2009. Three of the officers, including Camacho, were in plain clothes as part of the Street Crimes Unit (SCU), which focuses on quality of life issues such as noise and underage drinking. Hearing loud noise [530]*530emanating from the home, Camacho knocked on the front door. Within a minute, an unidentified male opened the door to allow the officers entry, but walked away before the officers could speak with him. Upon entering the home, Camacho observed “a sea of people crowded everywhere” drinking beer and talking loudly with beer cans and plastic cups thrown about. While some were clearly intoxicated, none appeared to need medical assistance or any emergency aid. In an attempt to locate the responsible residents, the officers repeatedly shouted, “who lives here?” but none of the partygoers responded.

Officer Camacho estimated that between 120 and 150 people were present throughout the residence, including the basement and upper floors. Upon police arrival, partygoers began “flushing out of the house.” Camacho did not recognize the resident to whom he had spoken when responding to a noise complaint on the earlier occasion.

When none of the people inside the home answered the police request that the residents come forward, the officers separated and canvassed the residence. According to Camacho, their purpose was to identify and locate the residents in order to clear out the party, abate the noise and ensure that no individual was in need of medical assistance, even though there were no reports of anyone in need of assistance or in physical distress.

Believing that there were numerous individuals on the upper floors, Camacho proceeded alone to the second floor, shouting “who lives here?” along the way. While in the second floor hallway, Camacho approached more partygoers, asking each of them whether he or she was a resident. None of those individuals acknowledged being a resident of the home.

Finding no residents, Camacho proceeded to the third floor where he found defendant’s bedroom door open. Camacho peered into the bedroom from the hallway to see if anyone was hiding inside. From the hallway, Camacho observed two green, star-shaped pills with no markings in small plastic bags, sitting in plain view atop a small table in defendant’s bedroom about six feet away [531]*531from the hallway. Based on his training and experience, Camacho suspected the pills were a “controlled substance,” which were, in fact, later identified as ecstasy.1 Next to the pills, he observed a prescription pill bottle, twenty-three empty plastic bags, and a black digital scale covered with white powder residue. Camacho then entered the bedroom where he located additional pills inside the pill bottle with defendant’s name on the label. Camacho also observed defendant’s identification cards sitting on the table near the pills. Camacho seized these items and returned downstairs to find the other officers.

Meanwhile, unbeknownst to Camacho, within five to ten minutes of entering the home, the other officers located three residents, none of whom was defendant, who at the time was at his parent’s home in Rochelle Park. The officers issued summonses to those residents for violating the city’s noise ordinance. One of the residents called defendant, who returned home, where he was arrested and charged with possession of a controlled dangerous substance.

The defense offered a different version of the police encounter. According to Anthony Guimmarra, one of the residents and host of the party, no more than twenty people attended the event, several of whom were not personally invited, but had mutual friends who treated the home as their own. Guimmarra was on the first floor when he heard knocking at the front door. Suspecting the police, he went upstairs to his second-floor bedroom, where he peered out the window and observed police at the front door. Guimmarra returned downstairs and opened the front door, but noticed that the officer who had been knocking was walking back toward his patrol car. When Guimmarra walked outside to confront the officer, he observed other officers entering the house through the garage and walking around to the back door. According to [532]*532Guimmarra, the officers searched the entire house and kicked down the doors to several of the upstairs bedrooms, including defendant’s room, where drugs were observed lying on the table.

Brian Gallina, a childhood friend of defendant and fellow student at Monmouth University, estimated a large turnout at the October 23 party at defendant’s residence. Upon arrival, Gallina entered the home and proceeded to the third floor to put his coat in defendant’s bedroom. Finding defendant’s bedroom door closed and locked, Gallina walked down to the second floor bedroom of John Delsaro where he encountered other partygoers. Approximately thirty minutes later, Gallina was still in Delsaro’s bedroom when Delsaro entered, advising Gallina and the others that police had arrived, closing and locking his bedroom door, turning off the lights and instructing everyone in the room to keep quiet. Gallina heard the officers shouting for people to come out of the bedrooms, but no one in Delsaro’s room answered those calls. Gallina observed the door knob jiggle, then heard two crashing sounds at the door, which flung open. Camacho entered, reviewed everyone’s identification, and exited the room. According to Gallina, Camacho then broke into an adjacent bedroom.

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Related

State v. Vargas
63 A.3d 175 (Supreme Court of New Jersey, 2013)
Olson v. State
56 A.3d 576 (Court of Special Appeals of Maryland, 2012)
State v. Edmonds
47 A.3d 737 (Supreme Court of New Jersey, 2012)
State v. Kaltner
41 A.3d 736 (Supreme Court of New Jersey, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
22 A.3d 77, 420 N.J. Super. 524, 2011 N.J. Super. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kaltner-njsuperctappdiv-2011.