State v. Mahoney

545 A.2d 235, 226 N.J. Super. 617
CourtNew Jersey Superior Court Appellate Division
DecidedAugust 4, 1988
StatusPublished
Cited by8 cases

This text of 545 A.2d 235 (State v. Mahoney) 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. Mahoney, 545 A.2d 235, 226 N.J. Super. 617 (N.J. Ct. App. 1988).

Opinion

226 N.J. Super. 617 (1988)
545 A.2d 235

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
CHARLES E. MAHONEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Argued February 17, 1988.
Decided August 4, 1988.

*618 Before Judges MICHELS, SHEBELL and GAYNOR.

John S. Redden, Deputy First Assistant Prosecutor, argued the cause for appellant (Herbert H. Tate, Jr., Essex County Prosecutor, attorney; Marc J. Friedman, Assistant Prosecutor, of counsel and on the brief).

Mario A. Iavicoli argued the cause for respondent.

The opinion of the court was delivered by GAYNOR, J.A.D.

Pursuant to leave granted, the State appeals from an order of the Law Division granting defendant's motion to suppress evidence seized pursuant to a warrantless search at Newark International Airport.

On February 24, 1986 at approximately 2:00 a.m., defendant, while preparing to board a plane bound for California, read a sign at the weapons screening point which stated "All weapons must be declared by order of the Port Authority." In response to his question as to what the sign meant, Port Authority Police Officer David Hanna told defendant that it required the declaring *619 of a weapon if he had one on his person or in his luggage. Defendant then stated that he had a gun in his suitcase. Upon being asked to exhibit his New Jersey carrying permit, defendant acknowledged that he did not have one. With defendant's cooperation, the officer opened defendant's suitcase and retrieved a handgun as well as the clip and bullets. Advising defendant that it was illegal to carry a gun in New Jersey without the proper documents, the officer placed defendant under arrest.

Defendant was taken with his luggage to the Port Authority Police Headquarters. In accordance with standard department procedure, an inventory search of defendant's suitcase and briefcase was conducted. The search disclosed a telephone scrambler, $10,000 in cash wrapped in yellow paper, numerous typewritten and handwritten papers and notes, cocaine and marijuana. The majority of items contained in both pieces of luggage were not listed by the officers on the inventory sheet.

When making his flight reservation, defendant had asked the airline clerk whether he could transport a gun in his luggage. He was informed that it was permitted provided the gun was not loaded. That such information was being given by the airline people was evident to the Port Authority because of the number of people who responded to the sign at the screening post and were then arrested for unlawful possession of a gun. In response to this situation, the Authority had instituted a speedy bail procedure for the travelers so arrested.

In suppressing the evidence seized as the result of the warrantless search at the screening point in the airport, the motion judge reasoned:

This Court is confronted here with a situation where the defendant, after being misinformed as to the proper procedure for transporting a weapon, was forced to incriminate himself, an incrimination which led to his arrest, a situation known to be a common one by the Port Authority Police, according to Port Authority Police Officer Desmond Foster. To rephrase Officer Foster's testimony, the airlines are always telling people the wrong thing, and because of this misinformation people were always getting arrested.
*620 In this case, this Court finds that the defendant, relying on such misinformation, transported a handgun from Florida to New Jersey. Although the State alleges in its letter brief that the defendant's gun did not have any papers, there's been absolutely no evidence demonstrating that the gun in question was not licensed in the State of Florida.
This Court also finds that the Port Authority Police had knowledge of the misinformation given out by the airlines regarding the transportation of weapons. In addition, they had knowledge that the sign posted was reasonably likely to elicit incriminatory responses from travelers who relied upon such misinformation.
In applying these holdings to the more particularized facts of this case, this Court finds that the incriminating response given by the defendant was a direct result of the Port Authority deceptive — directive, rather, and the statement of Officer Hanna, and thus constitutes a violation of this defendant's Fifth and Fourteenth Amendment rights, rights which prohibit the Government from extracting from this defendant incriminatory information to a misleading disclosure requirement enforced from what would appear to be criminal penalties. Here, the defendant, assuming he had acted in a lawful manner in the transportation of his weapon, attempted to further comply with the law. In that attempt when confronted with the sign contained in the directive from the Port Authority, rather than the threat of the first consequence imposed, it compelled the defendant to incriminate himself. Thus, the Port Authority Police, knowing that there would be travelers passing through Terminal C which were misinformed by the airlines as to the procedures for transportation — transporting weapons have posted a directive compelling such people to incriminate themselves unknowingly and unwittingly. The travelers declared their weapons to the Port Authority Police in their willingness to cooperate with the authorities only to be immediately searched and arrested.

The motion judge continued:

This scenario is made even more repugnant by the fact that the Port Authority Police, cognizant of how the scene will play itself out, rely on the threat contained in the directive as well as the deception created to compel travelers, such as this defendant, in making incriminating disclosures against themselves, disclosures which furnished the evidence needed to prosecute these individuals for a crime. This is a situation very distinguishable from the ordinary airport hijack-type search or a simple search based on probable cause.
I find the situation created by the misinformation and the sign to be distinguishable from the signs dealt with in numerous cases upholding airport — signs to apprise travelers that their belongings may be subject to search.
For these reasons, this Court holds that all the evidence obtained by the exploitation of the defendant's constitutional rights and challenged here by the defendant must be suppressed as the fruit of the poisonous tree.

Although concluding that the evidence seized as a result of the subsequent warrantless search of defendant's luggage at the police headquarters was excludable "as the fruits of the *621 poisonous tree," the judge also determined that the evidence was suppressible as having been disclosed by an invalid inventory search. In this respect, the judge observed:

This Court also makes no finding as to whether a valid inventory search procedure exists to the conduct of a valid inventory search, but does find that in the case of this defendant, Port Authority Police Officers Hanna and Foster were not concerned with conducting an inventory search; instead, they were searching the defendant's belongings for the sole purpose of investigation. Their aim was to see what they could turn up.

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Bluebook (online)
545 A.2d 235, 226 N.J. Super. 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mahoney-njsuperctappdiv-1988.