State v. O'DONNELL

974 A.2d 420, 408 N.J. Super. 177
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 2, 2009
DocketA-0858-06T4
StatusPublished
Cited by7 cases

This text of 974 A.2d 420 (State v. O'DONNELL) 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. O'DONNELL, 974 A.2d 420, 408 N.J. Super. 177 (N.J. Ct. App. 2009).

Opinion

974 A.2d 420 (2009)
408 N.J. Super. 177

STATE of New Jersey, Plaintiff-Respondent,
v.
Alice O'DONNELL, Defendant-Appellant.

No. A-0858-06T4

Superior Court of New Jersey, Appellate Division.

Argued April 28, 2009.
Decided July 2, 2009.

*421 Stephen P. Hunter, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Hunter, of counsel and on the brief).

Joie Piderit, Assistant Prosecutor, argued the cause for respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney; Ms. Piderit, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether evidence observed in plain view during a police entry into a residence to provide emergency aid may be seized without a warrant even though there is a short delay between the emergency aid entry and the seizure of evidence by other police officers responsible for processing the crime scene. We conclude that the seizure of evidence without a warrant is permissible under these circumstances because the entry into the residence by police officers responsible for processing crime scene evidence constitutes a reasonable continuation of the initial entry to provide emergency aid.

Around 12:45 p.m. on February 22, 2005, the Highland Park Police Department received a 9-1-1 call from one of defendant's sisters, who reported that there was an unconscious six-year-old child at 345 Crowells Road in Highland Park. A number of Highland Park police officers immediately responded to the scene.

Upon their arrival, the police officers were met at the entrance to defendant's apartment by one of defendant's sisters, who was "screaming and yelling to the effect of he's dead." The officers entered the apartment, where they found defendant's deceased son in a bedroom.

One of the Highland Park police officers, Lieutenant Scott Golden, entered the apartment through the back door, went into the bedroom where he saw the deceased child, then walked into the kitchen and asked one of defendant's sisters where he could find the child's mother. She directed Lieutenant Golden to the living room, where he found defendant sitting on a couch with dried blood on her hands. Lieutenant Golden attempted to question defendant about what had happened to her *422 son. She told him that she had given him Benadryl the night before. However, her other responses were "just incoherent[] rambling."

Sergeant Joseph Vassallo, the supervisor of the Highland Park investigation unit, arrived at the apartment shortly after Lieutenant Golden. When he entered the bedroom, he observed small amounts of blood on the bedding near the deceased's body and a small amount of what appeared to be vomit on a pillow. In addition, Sergeant Vassallo observed handwritten notes to the police and family members and pictures in the kitchen.

Based on the information obtained in their initial investigation, the Highland Park police officers took defendant into custody and transported her, together with her two sisters, to police headquarters. They also called the homicide unit in the Middlesex County Prosecutor's Office and secured defendant's apartment by stationing police officers at the front and back entrances.

Investigators from the Prosecutor's Office arrived thirty to forty minutes later and entered the apartment with Sergeant Vassallo. At this time, the body of the deceased child was still in the apartment. The Prosecutor's Office investigators subsequently seized the bedding from the bed in which the child had been lying and the handwritten notes and other potential evidence Sergeant Vassallo had observed upon his initial entry into the apartment.

Thereafter, the Prosecutor's Office investigators and Sergeant Vassallo went to the Highland Park police headquarters, where they participated in questioning of defendant that resulted in her making inculpatory statements. Based on information obtained from defendant, the Prosecutor's Office investigators and Sergeant Vassallo returned to defendant's apartment the next day, February 23, 2005, and seized additional evidence, specifically medications found at various locations in defendant's bedroom.

Defendant was indicted for murder, in violation of N.J.S.A. 2C:11-3(a). Defendant filed a motion to suppress the evidence seized in her apartment and her inculpatory statements. The trial court conducted an evidentiary hearing, at which testimony was presented by Lieutenant Golden, Sergeant Vassallo, one of the Prosecutor's Office investigators, and defendant.

Based on this evidence, the motion judge concluded that the police entry into defendant's apartment on February 22, 2005 was justified under the emergency aid exception to the warrant requirement and that the seizure of evidence observable at that time was proper under the plain view doctrine[1]:

The Highland Park police officers responded to a 911 call that a six year old boy was unconscious or not breathing. The record reflects that they did not enter the defendant's home with an initial motivation to arrest anyone or seize evidence.... [T]he emergency aid exception would have justified their belief that there was an emergency that there might be someone in the home whose life was in danger, and that they were authorized to enter to provide assistance.
. . . .
*423 Now, once in the apartment, it was immediately apparent to them that the child was not alive. And as they examined the premises, it was also apparent to them that there were items of possible evidentiary value.
. . . .
[W]hen Sergeant Vassallo originally made these observations, he began to secure the scene. And he did wait for the Prosecutor's Office to come in. And then the representatives of the Prosecutor's Office ultimately seized the items.
. . . .
[T]he fact that Sergeant Vassallo had the defendant transported to police headquarters and then he waited for the Prosecutor's Office to arrive before the items that had been observed in plain view subsequent to a lawful entry, the fact that all of this took place without the[m] obtaining a warrant does not make it unreasonable as far as the Court is concerned. The Fourth Amendment was not designed to provide technicalities, but it was designed to protect people from unreasonable searches and seizures. The officers had lawfully entered the premises. They had clearly observed these items in plain view. And in the process of securing the premises and before they ultimately left to go back and interrogate the defendant, they seized these items and took them at that time. And I find all of that to be quite reasonable.

However, the motion judge concluded that the emergency that justified the initial entry into defendant's apartment did not continue when the officers returned the next day and searched the apartment for additional evidence without first obtaining a warrant. Accordingly, the motion judge denied defendant's motion to suppress as to the evidence seized on February 22, 2005, but granted it as to the additional evidence seized on February 23, 2005. The court also denied defendant's motion to suppress her inculpatory statements, which included an admission that she had given her son several Benadryl tablets and two Klonopin tablets and then smothered him with a pillow.

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State v. O'DONNELL
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Cite This Page — Counsel Stack

Bluebook (online)
974 A.2d 420, 408 N.J. Super. 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-odonnell-njsuperctappdiv-2009.