State v. Pressley

181 A.3d 1017, 232 N.J. 587
CourtSupreme Court of New Jersey
DecidedApril 19, 2018
DocketA–52 September Term 2016; 078747
StatusPublished
Cited by79 cases

This text of 181 A.3d 1017 (State v. Pressley) 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. Pressley, 181 A.3d 1017, 232 N.J. 587 (N.J. 2018).

Opinions

PER CURIAM

**589In this case, the State presented strong evidence that defendant Dorian Pressley distributed cocaine. According to the testimony at trial, defendant sold two vials of cocaine directly to an undercover detective on April 30, 2013. At the end of the face-to-face exchange, defendant gave the detective his phone number for future use and told her to store the number in her phone under "D-O-R" -- the first three letters of his name. A second officer observed the transaction through binoculars from about twenty feet away.

Immediately after the sale, the undercover officer transmitted a description of defendant to a supervisor. She relayed that he wore a red baseball hat, a red Adidas warm-up jacket, and khaki pants. The second officer also radioed information about defendant's movements.

About four blocks from where the sale took place, a third officer stopped defendant, who matched the description. The officer realized he knew the suspect-as Dorian Pressley-and let him go to protect *1019the ongoing undercover operation. Back at headquarters, the third officer printed a photo of defendant.

The undercover detective also returned to headquarters. Within one hour of the transaction, she viewed the single photo of Dorian Pressley and said she was certain that the individual in the picture had sold her the two vials.

Defendant was arrested months later and proceeded to trial. During the trial, the judge conducted a Rule 104 hearing and **590found that defendant's statements to the undercover agent during the transaction were admissible.

The jury convicted defendant of third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1) ; third-degree distribution of cocaine, N.J.S.A. 2C:35-5(a)(1) and (b)(3) ; and third-degree distribution of cocaine within 1000 feet of a school, N.J.S.A. 2C:35-7. The first charge related to defendant's possession of heroin at the time of his arrest. Defendant was sentenced to an aggregate term of ten years' imprisonment.

On appeal, defendant argued that the trial court should have held a pretrial hearing to evaluate the reliability of the identification, and that the prosecutor committed misconduct in her summation. The Appellate Division affirmed defendant's conviction. We granted certification. 229 N.J. 609, 164 A.3d 404 (2017). We also granted the Attorney General leave to appear as amicus curiae.

I.

Defendant argues that the trial court should have granted his request for a pretrial hearing, pursuant to United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967), and State v. Henderson, 208 N.J. 208, 27 A.3d 872 (2011), because he made a sufficient showing that the identification procedure used in this case was impermissibly suggestive. He claims that the identification was essentially a showup and that an officer unfamiliar with the investigation should have presented a photo array -- instead of a single picture -- to the undercover detective.

The State and the Attorney General stress that police officers are "trained observers and trained witnesses" whose job requires them to remember details and faces when they conduct an investigation. They contend that when an officer "merely confirm[s] the identity of a suspect she was just investigating," a photo array is unnecessary and no Wade hearing is required.

Counsel for both sides raise an intriguing question: whether an identification made by a law enforcement officer should be tested **591by the same standards that apply to a civilian. See Henderson, 208 N.J. at 248-72, 287-93, 27 A.3d 872. Defendant claims that "police officers are not more accurate eyewitnesses than civilians." For support, he relies on social science research and cites multiple published studies. The State and the Attorney General, in turn, submit that the risk of undue suggestiveness is remote when a trained officer is involved. They also rely on social science articles, but for the proposition that "police officers are more accurate at remembering details of a crime than" members of the public. Collectively, counsel cite a half dozen publications for the Court's consideration.

We are not aware of case law that has reviewed the social science evidence with care. Defendant points to Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977), the seminal federal case on identification evidence. Defendant correctly observes that Manson, in part, involved similar facts. One of the identifications in that case related to an undercover officer who bought narcotics from a dealer; two days later, another officer *1020showed the undercover agent a single photo to try to identify the suspect. Id. at 100-01, 97 S.Ct. 2243. The Supreme Court upheld the identification but noted that, "[o]f course, it would have been better had" the undercover officer been presented "with a photographic array" with "a reasonable number of persons" who looked like the suspect. Id. at 117

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Bluebook (online)
181 A.3d 1017, 232 N.J. 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pressley-nj-2018.