State v. Moore

853 A.2d 903, 181 N.J. 40, 2004 N.J. LEXIS 930
Supreme Court of New Jersey·Decided August 2, 2004·Published·Cited by 133 cases

Opinions

[43] Justice WALLACE

delivered the opinion of the Court.

In this search and seizure ease, and in State v. Pineiro, 181 N.J. 13, 853 A.2d 887, 2004 WL 1713631 (2004), also decided today, we consider whether the State had probable cause to conduct a warrantless search of defendant. The trial court and the Appellate Division found probable cause for the law enforcement officers to arrest, and to search and seize the evidence from defendant. We agree and affirm.

I.

Defendant Gregory C. Moore was indicted for third-degree possession of cocaine. He filed a motion to suppress the evidence. The sole witness at the suppression hearing was Detective Glen Abrams, a twelve-year veteran police officer assigned to the Narcotics Division of the Atlantic City Police Department. On June 6, 2000, at approximately 5:45 p.m., Detective Abrams and three other detectives, working undercover, were patrolling in an unmarked car in the area of North Carolina, Mansion, and Artie Avenues in Atlantic City, New Jersey. Detective Abrams described the locality as a high crime area.

The detectives observed a group of approximately six people congregating in a vacant lot between Piggy’s Bar and a delicatessen. The detectives parked three-quarters of a block away and conducted surveillance, using binoculars. Detective Abrams observed a man wearing a floppy hat leave the group and walk towards the rear of the delicatessen. Defendant and another man left the group and joined the man in the floppy hat. Defendant and his companion handed currency to that man and each received from him a small item in return, which they both immediately pocketed, before returning to the group.

Believing he had just witnessed a drug transaction, Detective Abrams promptly drove his vehicle towards the group. When the detectives arrived, defendant placed his hand in his right pocket and began to walk away. Detective Abrams exited the car and approached defendant to arrest him. The detective informed [44] defendant that he had observed him participating in a drug transaction and grabbed defendant’s right arm. Defendant removed his hand from his pocket to reveal two clear bags of a white powdery substance that was later identified as cocaine. Another detective recovered a similar bag of cocaine from defendant’s companion. The detectives were unable to locate the third man who they believed had sold the drugs to defendant and his companion.

Before trial, defendant moved to suppress the evidence on the ground that it was obtained by an unlawful search and seizure. The court credited the testimony of Detective Abrams and found that the police had probable cause to arrest and search defendant.

Following a jury finding of guilt on an unrelated robbery indictment, defendant pled guilty to possession of cocaine. Consistent with the plea agreement, the trial court imposed a five-year prison term, concurrent to the sentence on the robbery offense. Defendant appealed the denial of his motion to suppress and the Appellate Division affirmed in an unpublished opinion. We granted defendant’s petition for certification, 177 N.J. 497, 828 A.2d 924 (2003), and now affirm.

II.

The Fourth Amendment of the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution protect citizens against unreasonable searches and seizures, and require a showing of probable cause prior to the issuance of a warrant. U.S. Const. amend. IV; N.J. Const. art. I, ¶7. “The probable-cause requirement is the constitutionally-prescribed standard for distinguishing unreasonable searches from those that can be tolerated in a free society.” State v. Novembrino, 105 N.J. 95, 106, 519 A.2d 820, 826 (1987). “A warrantless search [or seizure] is presumed invalid unless it falls within one of the recognized exceptions to the warrant requirement.” State v. Cooke, 163 N.J. 657, 664, 751 A.2d 92, 95 (2000). The State, as the party seeking to validate the warrantless search, “has the burden [45] of proving the validity of the search.” State v. Maryland, 167 N.J. 471, 489, 771 A.2d 1220, 1231 (2001).

This Court previously enumerated the exceptions to the requirement that law enforcement officers must obtain a warrant before searching or seizing an item or a person:

These exceptions may be found in such Supreme Court decisions as New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (the “regulatory authority” exception); United States v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984) (the “third party intervention” exception); Thompson v. Louisiana, 469 U.S. 17, 105 S.Ct. 409, 83 L.Ed.2d 246 (1984) (the “emergency” exception); Texas v. Brown, 460 U.S. 730, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983) (the “plain view” exception); South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976) (the “inventory search” exception); United States v. Santana, 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976) (the “hot pursuit” exception); Cady v. Dombrowski 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973) (the “community caretaking” exception); Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973) (the “consent search” exception); Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969) (the “search incident to arrest” exception); Lewis v. United States, 385 U.S. 206, 87 S.Ct. 424, 17 L.Ed.2d 312 (1967) (the “deceptive guest” exception); Carroll v. United States, 267 U.S. 132, 45 S.Ct 280, 69 L.Ed 543 (1925) (the “automobile” exception).
[State v. Hill, 115 N.J. 169, 173-74, 557 A.2d 322, 324 (1989).]

Here, the State urges that the warrantless search of defendant was valid under the search incident to a lawful arrest exception. See Chimel, supra, 395 U.S. at 762-63, 89 S.Ct. at 2040, 23 L.Ed.2d at 694. We agree that that exception provides the relevant framework for analysis. Consequently, we need decide only whether the facts found by the trial court provided probable cause to arrest defendant.

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State v. Moore, 853 A.2d 903, 181 N.J. 40, 2004 N.J. LEXIS 930 (N.J. 2004).

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