State v. Marshall

974 A.2d 1038, 199 N.J. 602, 2009 N.J. LEXIS 803
CourtSupreme Court of New Jersey
DecidedJuly 21, 2009
DocketA-33 September Term 2008
StatusPublished
Cited by61 cases

This text of 974 A.2d 1038 (State v. Marshall) 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. Marshall, 974 A.2d 1038, 199 N.J. 602, 2009 N.J. LEXIS 803 (N.J. 2009).

Opinions

Justice WALLACE, JR.

delivered the opinion of the Court.

This is a search and seizure case. The question is whether the trial court properly issued a search warrant, conditioned on verification by the police of the particular apartment to be searched inside a two-unit apartment building. The Appellate Division held that the warrant was invalid and suppressed the evidence because the trial court “directed the police to ascertain the facts needed to accurately describe the place to be searched without further judicial oversight or review.” State v. Marshall, 398 N.J.Super. 92, 97, 939 A.2d 813 (App.Div.2008). We agree and affirm.

I.

The facts are largely undisputed and derived in part from the affidavit Detective Michael Novembre of the Mercer County Prosecutor’s Office submitted in support of the search warrant. On October 25, 2004, Novembre requested a warrant to search 105 Wayne Avenue in Trenton. There were two separate units in the building and Novembre did not know which unit Allen Daniels, the principal suspect, had entered to obtain drugs on one occasion. Consequently, Novembre requested that the warrant be issued to search the apartment at 105 Wayne Avenue to which Allen Daniels had “possession, custody, control, or access.”

In the affidavit, Novembre related the background leading up to the search warrant request. He explained that during the months of August and September 2004, the Trenton police, with the assistance of an unproven confidential informant, focused their investigation on Daniels. During that period, the informant made a controlled buy from Daniels and his brother “Booby” at 150 Hoffman Avenue, Trenton.

[607]*607Sometime in September 2004, the Prosecutor’s Office took over the investigation of Daniels’ drug activities. On September 21, 2004, Novembre and Sergeant Fraseella met with the informant. At that time the informant indicated that Daniels had moved his residence to an apartment in Lawrence Township and also utilized a different apartment at or around 9 Sanhican Drive, Trenton, to store heroin and cocaine. Following that meeting, the police arranged for the informant to make a series of controlled buys of drugs from Daniels. As a result of those controlled buys, the police obtained evidence of Daniels’ drug activity at three locations: 150 Hoffman Avenue; his residence in Lawrence Township; and an apartment at 9 Sanhican Drive.

On October 20, 2004, Novembre applied for search warrants for Daniels, his brother “Booby,” Daniels’ car, and the three locations where the controlled buys occurred. In anticipation of executing the search warrants, on October 21, 2004, Novembre arranged for surveillance of Daniels’ residence while the informant attempted a buy of cocaine and heroin. The informant contacted and met Daniels at the Hoffman Avenue address. While there, Daniels told the informant that they needed to “take a ride” to obtain the heroin. The police observed Daniels and the informant enter Daniels’ car and drive to 105 Wayne Avenue. Once there, Daniels exited the car, walked to the front door, waited for someone to open it, and entered. After approximately five minutes, Daniels returned to the car accompanied by another person, unknown to the police at that time but later identified as defendant, Quinn Marshall. The informant, who had remained in the car, paid Daniels and received the drugs. The occupants in the car drove back to the Hoffman Street location.

Later in the debriefing with the police, the informant identified the other person with Daniels as Daniels’ cousin, known as King Zeke, but the informant did not know the location inside the building from which Daniels retrieved the drugs. The informant also recounted that Daniels had indicated that he would be taking drugs to the Sanhican Drive location.

[608]*608Novembre obtained information from Public Service Gas and Electric that there were two apartment units inside 105 Wayne Avenue and that Daniels was not listed on either account. No-vembre also related that neither the Division of Motor Vehicles nor the State Bureau of Identification was able to assist in identifying which unit within 105 Wayne Avenue Daniels had entered.

Novembre requested a search warrant for the apartment within the premises of 105 Wayne Avenue to which “Allen Daniels, A/K/A ‘Marty1 has possession, custody, control or access.” In addition, Novembre requested that the warrant include the following conditional language:

[t]he search warrant for the premise[s] will be executed if and only if the following specifically described events which give rise to probable cause actually occur so as to protect against premature execution of the search warrant, namely: (1) that Men Daniels is secured outside 105 Wayne Avenue and (2) that a search of Men Daniels reveals documentation or keys which identify the specific apartment inside 105 Wayne Avenue to which Men Daniels has possession, custody, control, or access, or if he divulges such information to the officers executing the search warrant for his person. In the event that the officers are unable to identify the apartment utilized by Men Daniels through the abovementioned means, this premises warrant will not be executed.

The trial court approved the search warrant for the premises and included virtually identical conditional language to that proposed in Novembre’s affidavit. The court signed the search warrant on October 25, 2004, at 8:40 a.m.

B.

Four days later, on October 29, 2004, at approximately 8:10 a.m., the police executed the search warrants for the multiple locations other than 105 Wayne Avenue and sought to satisfy the conditions on the warrant for 105 Wayne Avenue. The police found Daniels and his girlfriend at the Lawrenceville address. They immediately placed Daniels under arrest and informed him of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Lieutenant Straniero then asked Daniels which apartment he frequents at 105 Wayne Avenue. [609]*609Daniels replied that he does not stay there. After further questioning, Daniels revealed that King Zeke stayed in the first floor apartment. When Straniero asked how many times he had been to 105 Wayne Avenue, Daniels responded, “I been over there, you don’t need to ask me that question. You know I been over there.” Based on that information, Straniero instructed other officers to execute the search warrant in the first floor apartment at 105 Wayne Avenue. The officers did so and found defendant there. The search of the apartment revealed cocaine, marijuana, and several firearms. Defendant was arrested and charged with various drug and weapons offenses.

C.

Defendant was subsequently indicted. He filed a motion to suppress the evidence seized during the search of the apartment at 105 Wayne Avenue. At the hearing, Lieutenant Straniero testified to the facts previously related. Defendant presented the testimony of Daniels, who by then had reached a plea agreement with the State. Daniels testified that at the time he was arrested, he refused to answer Straniero’s question regarding whether King Zeke lived at 105 Wayne Avenue. Daniels stated that he did not know defendant was living at 105 Wayne Avenue, but that he had been in both apartments. Daniels said the police never asked him whether he had access to the second floor apartment.

Defendant also testified.

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Cite This Page — Counsel Stack

Bluebook (online)
974 A.2d 1038, 199 N.J. 602, 2009 N.J. LEXIS 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marshall-nj-2009.