State v. Radicioni

629 A.2d 432, 32 Conn. App. 267, 1993 Conn. App. LEXIS 358
Connecticut Appellate Court·Decided August 3, 1993·No. 11776; 11777·Published·Cited by 5 cases

Opinions

Foti, J.

In this consolidated action,1 the state appeals from a decision of the trial court granting the defendants’ motions to suppress evidence obtained pursuant to a search warrant. The sole issue presented on appeal is whether the trial court improperly granted the defendants’ motions to suppress the evidence seized in the search of the defendants’ residence. We affirm the trial court’s judgment.

The defendants, Larry A. Radicioni and Linda J. Hurst, were charged with possession of marijuana with intent to sell in violation of General Statutes § 21a-277 (b),2 cultivation of marijuana in violation of General Statutes § 21a-277 (b),3 and possession of drug paraphernalia in violation of General Statutes § 21a-267 (a).4 On [269] August 6, 1992, the defendants filed motions to suppress all of the evidence seized as fruits of an unlawful search. The motions were heard before the trial court, Stanley, J., on August 24,1992. The trial court granted the motions in open court on September 8, 1992, and accordingly, filed an order on that date. The informa-tions were dismissed with prejudice by the trial court Purtill, J., on September 14, 1992. On the same day, the state was granted permission to appeal.

The facts are not in dispute. Both defendants reside at 6 Faye Street, New London. On April 17,1992, an application for a warrant, including a supporting affidavit, was submitted to and signed by a judge of the Superior Court. The warrant was for the search of a single-family residence at 6 Faye Street, a black pickup truck with Connecticut registration 162-CDM, and the person of a white male named Larry Radicioni. The affi-ants were Officer Wayne E. Ego of the Waterford police department and Detective James Cash of the Connecticut state police. Both affiants were members of the eastern division of the statewide narcotics task force. On April 23,1992, the warrant was executed and resulted in the seizure of drug paraphernalia, cash, and a quantity of marijuana.

The affidavit in support of the warrant may be summarized as follows. The affiants attested that they met with a confidential informant who in the past had provided them with reliable information that had led to arrests in narcotics related incidents. The confidential informant stated that he knew of a person named Larry Radicioni who had been selling large quantities of marijuana for years. The confidential informant was una[270] ble to identify Radicioni’s specific address, but knew that his residence was near the Coca Cola Bottling Company in New London. The confidential informant further stated that marijuana could not be purchased directly from Radicioni or at his residence, but must be obtained through a buyer known to Radicioni and whom Radicioni always met at a prearranged location. The informant knew of someone who purchased marijuana from Radicioni on a regular basis. The affiants learned from the files of the Connecticut department of motor vehicles that Larry A. Radicioni of 6 Faye Street, New London, had a 1983 Ford pickup truck bearing Connecticut marker 162-CDM. The affiants further established that 6 Faye Street is near the Coca Cola bottling plant located at 951 Bank Street in New London and that Larry Radicioni also had a phone number listed to him at 6 Faye Street.

The affiants then met again with the confidential informant for the purpose of making a controlled purchase of marijuana from Radicioni through a third party-referred to in the affidavit as “the unwitting.” The informant telephoned the third party and arranged a buy at a prearranged location. Prior to that meeting, the affiants searched the person and vehicle of the confidential informant. The confidential informant met the third party who accepted the cash and then indicated that he had to leave for a few minutes to meet his supplier and would return shortly with the marijuana. The third party drove from the meeting location under surveillance.

Meanwhile, Cash was conducting a surveillance of 6 Faye Street and the Radicioni’s vehicle. Cash witnessed a white male exit 6 Faye Street and drive away in the black pickup truck with license plate number 162-CDM. The truck proceeded to the location of the third party’s vehicle, stopped for a very short time, and returned to 6 Faye Street. The third party then [271] returned to the initial location and gave an item to the confidential informant that later tested positive for the presence of marijuana.

Approximately two weeks later, a second controlled purchase was arranged and proceeded in a fashion substantially similar to the first. On the basis of their experience and knowledge, the affiants attested that certain specific drug paraphernalia typically is needed by drug traffickers and normally is kept on their persons, in their cars, or hidden at their residences.

I

The state argues that the trial court improperly granted the defendants’ motions to suppress because the warrant affidavit set forth facts sufficient to establish probable cause. We disagree.

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State v. Radicioni, 629 A.2d 432, 32 Conn. App. 267, 1993 Conn. App. LEXIS 358 (Colo. Ct. App. 1993).

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665 A.2d 152 (Connecticut Appellate Court, 1995)
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665 A.2d 142 (Connecticut Appellate Court, 1995)
State v. Radicioni, No. Cr 10-204839 (Mar. 3, 1994)
1994 Conn. Super. Ct. 2172 (Connecticut Superior Court, 1994)
State v. Radicioni
633 A.2d 739 (Connecticut Appellate Court, 1993)
State v. Radicioni
632 A.2d 698 (Supreme Court of Connecticut, 1993)