State v. Pierce

463 A.2d 977, 190 N.J. Super. 408
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 11, 1983
StatusPublished
Cited by9 cases

This text of 463 A.2d 977 (State v. Pierce) 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. Pierce, 463 A.2d 977, 190 N.J. Super. 408 (N.J. Ct. App. 1983).

Opinion

190 N.J. Super. 408 (1983)
463 A.2d 977

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
JAMES EDWARD PIERCE AND CHARLENE CARROLL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Submitted April 19, 1983.
Decided July 11, 1983.

*409 Before Judges FRITZ and PETRELLA.

Philip S. Carchman, Mercer County Prosecutor, attorney for appellant (William Allan Zarling, Administrative Assistant Prosecutor, of counsel and on the brief).

Merlino, Rottkamp and Flacks, attorneys for respondent James Edward Pierce (Franklin L. Flacks, of counsel and on the brief).

Joseph H. Rodriguez, Public Defender, attorney for respondent Charlene Carroll (Jane G. Kleinfield, Assistant Deputy Public Defender, of counsel and on the letter brief).

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

This is an automobile search and seizure matter in which we granted the motion of the State for leave to appeal from a determination of the trial judge suppressing the search. We reverse.

*410 The salient facts are not the subject of any real dispute. In any event, the findings of the trial judge in this respect might reasonably have been reached on sufficient credible evidence in the whole record and therefore we accept them. State v. Johnson, 42 N.J. 146, 162 (1964). The trial judge set forth his findings of fact at length, completely and in an articulate fashion.[1] An iteration of these findings will be as useful and more efficient than our restating them:

"... The Court finds the following: That on June 18, 1981 at approximately 1:15 P.M., Troopers William L. Carroll and William Delozier of the State Police, Metro Task Force were on routine patrol on Ferry Street in Trenton. They observed a 1973 Chevrolet automobile, which was double parked in the roadway obstructing traffic by forcing vehicles to proceed around it. This caused a traffic hazzard [sic], in that vehicles coming from the opposite direction were traveling in the same lane of traffic. As a result thereof, the Troopers turned on the overhead lights and had the vehicle pulled over to the side of Ferry Street just a short ways from the next intersection.

Trooper Carroll left his patrol vehicle and approached the driver's side, while his partner Trooper Delozier approached from the opposite side, that is on the passenger's side. At that time the only occupant of the car was the defendant Charlene Carroll. Trooper Carroll then asked the defendant Carroll to produce motor vehicle credentials. As defendant Carroll looked for the documents in her pocketbook, which was located on her lap, Trooper Carroll observed in the open pocketbook a small bulging manila envelope about two inches by three inches in size. Based on his training and experience, which included numerous arrests for Controlled Dangerous Substances, he recognized the package as one commonly used for packaging marijuana and occasionally for the ... packaging of marijuana *411 mixed with PCP. He at that time reached into the purse, seized the envelope. He then smelled it and recognized the odor of marijuana. At that point he asked defendant Carroll what was in the envelope and received no response from the defendant Carroll. At that point he opened the package, examined its contents and found a brownish green vegetation therein, which he believed to be marijuana. The record should, also, note that I find that that package had a piece of tape over the top flap. Miss Carroll was ordered out of the vehicle and advised of her Miranda rights, and she was arrested, handcuffed, and then taken to the rear of that patrol vehicle.

At about this point an unknown male, later identified as the defendant Pierce who was the owner of the car, approached and stated to the troopers, "Hey, man, what are you doing to her? That's my girlfriend." At that point the troopers then began a further search of the front seat area of the car for any additional contraband that he felt may have been in reach of defendant Carroll, that would be the front seat, under the front seat, the glove compartment and, also, any areas in the backseat, which could be reached by him. He found under the passenger seat another small manila envelope, the same type that he had taken from defendant Carroll's handbag. Upon opening that package, the trooper discovered brown vegetation, at which he suspected to be marijuana. The search of the interior of the front part of the vehicle was observed by Pierce, and at the time Trooper Carroll located the envelope, which I just noted, defendant Pierce indicated that a friend of his had left it there. At that point Pierce was advised of his rights, and he was arrested and handcuffed.

While still at the scene, Pierce, after a request by the troopers, executed a written consent to search form, which has been marked S-1, a form which was for the search of his auto, and the results of that search were negative. I find that prior to the time that that S-1 was signed by the defendant Pierce, that he read it, understood it, and was aware of the fact that he did not have to sign it if he did not wish to. I further find that Miss *412 Carroll was transported to the Trenton Police Department. I should say the police station, and as she stepped out of a police vehicle, she was observed by the officer who was with her to have a bag, a brown candy-type bag, fall from beneath her dress and to the ground. This bag was picked up by the officer. Inspection of the bag revealed it contained 20 foil-type packages, which in turn contained a white powder substance, suspected to be Controlled Dangerous Substance.

At the Trenton Police Department a further search of Miss Carroll was conducted by the police matron, a Miss Brown, and as a result of that search a small paper bag was discovered in the area of her right armpit. Examination revealed the contents to be 57 foil packets containing a white powdered substance, also, believed to be a Controlled Dangerous Substance.

A search of Pierce, also, resulted in finding $440 in cash.

Following these events, Patrolman Mansure of the Trenton Police Department informed Detective Snyder of the New Jersey State Police of information which he had learned, and as a result thereof Trooper Snyder contacted the prosecutor on duty here in Mercer County and discussed the situation with him, and he was then instructed — that is Snyder was instructed to contact, to appear before Judge A. Jerome Moore.

Detective Snyder reviewed with Judge Moore the information that he had received, which he believed resulted in him believing that there were monies in the vehicle that had been left on Ferry Street and that those monies were connected with the arrest of the defendants and the controlled dangerous substances, which had been found.

As a result thereof, Judge Moore authorized verbally the impoundment of the car. At that point Detective Snyder then contacted the Trooper and advised him to apply for a search warrant the next day, or in the laternative [sic] to speak with defendant Pierce and attempt to gain from him a consent to a further search of his vehicle.

*413 Shortly after midnight that evening, the vehicle was taken by a local company, towing company, to the Trenton Police Station and was impounded.

On June 19, the day following, Pierce was contacted by the Troopers again, and at that time he was advised that they wished to search his car again.

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Bluebook (online)
463 A.2d 977, 190 N.J. Super. 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pierce-njsuperctappdiv-1983.