State v. Ralston

510 A.2d 1346, 7 Conn. App. 660, 1986 Conn. App. LEXIS 1021
CourtConnecticut Appellate Court
DecidedJune 17, 1986
Docket3741
StatusPublished
Cited by23 cases

This text of 510 A.2d 1346 (State v. Ralston) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ralston, 510 A.2d 1346, 7 Conn. App. 660, 1986 Conn. App. LEXIS 1021 (Colo. Ct. App. 1986).

Opinion

Borden, J.

The state appeals, with the permission of the trial court, from the judgment dismissing with prejudice the information against the defendant following the suppression of wiretap evidence. The issues involve: (1) the sufficiency of the affidavits accompanying the applications to support the findings of probable cause for the issuance of the wiretap orders; (2) whether probable cause was required as to this defendant, whose telephone was not the subject of the orders but who was one of the named targets of the taps; and (3) whether General Statutes § 54-41c (7) precludes from the probable cause determination information discovered more than twenty days prior to the date of the wiretap application. We find error and remand for further proceedings.

The defendant was charged with four counts involving possession, possession with intent to sell and possession with intent to use various illicit drugs, and with three counts of illegal possession of a pistol. These charges derived principally from evidence gathered pursuant to a search warrant directed at the defendant’s residence. Although this record is not clear, the charges also apparently derived from evidence gathered pursuant to a warrantless search of his car.

The defendant received the statutory notice that his telephone conversations had been intercepted pursuant to wiretap orders directed at the business telephones and the residence telephone of James Sayball, and pur[662]*662suant to extensions of those original orders. He moved to suppress all the evidence gathered as a result of these searches on the basis, inter alia, that it derived from the original wiretap orders which were invalid. In the trial court, the state conceded that if the original wiretap orders were invalid, the evidence against the defendant was suppressible. The court ruled orally, without elaboration, that the original wiretap applications were facially invalid, and it suppressed the evidence. Based on the state’s concession, this was the only determination which the trial court made, and it is the only one which we review in this appeal. Upon the state’s representation that it would be unable to proceed against the defendant without the suppressed evidence, the court dismissed the information with prejudice. This appeal followed.

I

General Statutes § 54-41c requires that a wiretap application include thirteen specified sets of information which will permit the three judge wiretap panel to make a finding of probable cause, pursuant to General Statutes § 54-41d, as to nine specified criteria. See State v. Ross, 194 Conn. 447, 456-62, 481 A.2d 730 (1984). Because the trial court issued no memorandum of decision, orally or in writing, and because the state did not move for articulation, it would therefore arguably be necessary to review all twenty-two items. The parties have, however, narrowed the issues in this appeal to three, and our review of the two original wiretap applications and their accompanying affidavits satisfies us that all the other criteria, required by General Statutes §§ 54-41c and 54-41d, were fully met.

By two essentially similar applications dated October 14,1983, the state’s attorney for the Fairfield judicial district requested authorization to wiretap two telephone facilities: two telephone lines located at the Monroe Fish Market on Main Street in Monroe, Con[663]*663necticut, which was owned and operated by Sayball, and one telephone line located at Sayball’s residence, on Old Newtown Road, in Monroe. The applicant claimed that the telephone lines were being used for the illegal sale of narcotics and of controlled substances. The applicant sought permission to intercept the conversations of the following persons: James Sayball, also known as “Raccoon”; Francis Scarano; Edward Lipnickas, Jr.; Michael J. Desmond; John L. Uberti; Carl Willsey; Benjamin F. Ralston, Jr., the defendant in this case; and Frederick Cavuoto. The applicant named these individuals as persons who have committed or are committing the offenses, or whose intercepted conversations may provide evidence of such offenses. On the basis of the applications and their underlying affidavits, a three judge panel issued wiretap orders on October 17, 1983.

Each application was supported by essentially the same affidavit of Inspector John F. Solomon, of the Connecticut division of criminal justice. The critical portions of Solomon’s twenty-six page affidavit are as follows: On or about June 16, 1980, Sergeant Norman Mercier, commanding officer of the Monroe police department, received, from “a reliable and upstanding citizen,” information about a large-scale narcotics operation involving James Sayball at his business establishment known as the Monroe Fish Market on Main Street in Monroe, Connecticut. The informant, the reliability of whom no independent information was supplied, purportedly was acting as a concerned citizen who wanted to pass on information regarding the drug trafficking activities of Sayball, of Mark Ricca and of unknown others. The informant also told Mercier that he had been told by someone with personal knowledge that Sayball was transporting cocaine from outside Connecticut to the Monroe Fish Market, where he would supply others. The informant told Mercier that Ricca got his supply of cocaine from Sayball. Mercier [664]*664told Solomon that the informant’s information was corroborated by a known and reliable informant who has in the past supplied information proven accurate by Monroe police department investigation and inquiries.

In December, 1982, Detective William Hughes of the Monroe police department received information from a confidential and reliable source, who had provided accurate information in the past, but was not in December speaking from personal knowledge, that Sayball was distributing cocaine of high quality. On December 31,1982, surveillance of the Monroe Fish Market disclosed that a 1980 Ford pick-up truck registered to Condor, Inc., was at the Monroe Fish Market. A Greenwich police department narcotics officer, Frank Garr, told Solomon that Condor, Inc., or “The Condor,” was known to the Greenwich police department as a tug boat business. Garr had been told by federal agents of the United States Customs Service and of the United States Coast Guard that The Condor was suspected of drug smuggling in Long Island Sound.

In January, 1983, Mercier and Solomon interviewed a confidential source who had given information in the past which had led to at least one arrest and conviction. This source, who lives near Sayball, told Mercier and Solomon that on several occasions in the previous several months he had seen, in the early morning hours of various days of the week, including Saturdays and Sundays, excessive traffic of campers, vans, pick-up trucks and passenger cars pull to the top of Sayball’s driveway and back to the rear of a barn located at the rear of Sayball’s property. Another confidential source who lives in the same general area confirmed these activities.

On October 1, 1983, Solomon received from a federal drug enforcement administration (DEA) agent, Dale J. Seymour, copies of telephone toll call records [665]*665for Sayball’s telephone at his residence, and for one of the telephones at the Monroe Fish Market. These were for the period of January 17, 1983, through July 15, 1983. Seymour had obtained federal court orders on September 16, 1983, and September 27, 1983, to install pen registers1

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Bluebook (online)
510 A.2d 1346, 7 Conn. App. 660, 1986 Conn. App. LEXIS 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ralston-connappct-1986.