State v. Reagan

528 A.2d 846, 11 Conn. App. 540, 1987 Conn. App. LEXIS 1015
CourtConnecticut Appellate Court
DecidedJuly 14, 1987
Docket4774
StatusPublished
Cited by5 cases

This text of 528 A.2d 846 (State v. Reagan) 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. Reagan, 528 A.2d 846, 11 Conn. App. 540, 1987 Conn. App. LEXIS 1015 (Colo. Ct. App. 1987).

Opinion

Hull, J.

The defendant appeals from his conviction of the crimes of sale of a narcotic substance in violation of General Statutes § 2 la-277 (a), and illegal possession of a narcotic substance with intent to sell in violation of General Statutes § 21a-279 (a). The conviction followed his conditional pleas of nolo contendere which was entered, pursuant to General Statutes § 54-943/ after the trial court denied his motion to suppress. The defendant claims on appeal that the trial court erred in denying that motion.

At the hearing on the defendant’s motion to suppress, the trial court found the following relevant facts. In the spring of 1985, the defendant and his wife moved into a house on Pettee Street in Lakeville, Connecticut. The defendant’s home was next door to a residence occupied by Rosina Rossier. Within one week of the defendant’s arrival, Rossier noticed an increase in traffic on the dead end street.1 2 She witnessed many cars and a few trucks stop by the Reagan house for approximately five to ten minutes. This activity, combined [542]*542with discussions concerning the same with neighbors, led Rossier to believe that Reagan was “dealing with drugs.” Rossier subsequently reported her suspicions to the first selectman of Lakeville, who in turn contacted the Connecticut state police.

On May 24, 1985, the state police began a surveillance operation of the defendant’s home. At approximately 7:30 p.m., they observed a car pull into the driveway. Its occupant stayed at the home a short time before leaving. Soon thereafter, a second car pulled into the driveway. An individual later identified as David Earl Jones entered the home after knocking. A short time later, both Jones and the defendant left the house and walked to the back yard. The defendant reached into his pocket and pulled out a small packet, which he handed to Jones. Jones in turn handed a slip of paper to the defendant, which the state trooper identified as a check, and then left the house. Before the officers left their post outside the defendant’s house, a third car pulled up, a young woman went into the house and then left after less than one minute.

Another state trooper was notified by radio of the activities, and subsequently conducted a stop and search of Jones’ car at a nearby gas station. Jones was found to have marihuana in his car and a half gram of cocaine in a cigarette pack. He was then placed under arrest.

During the search and arrest of Jones at the gas station, one person was standing next to Jones, and three others were watching from a distance of approximately ten feet. The trooper testified that he also noticed the woman whose car he had seen at the defendant’s home, stopped at the corner, watching the proceedings.

After the arrest, application for a search and seizure warrant was made. One of the troopers, Sergeant Brian Acker, testified, however, that he knew it would take [543]*543at least three hours to obtain the warrant. He decided that there was a significant risk the defendant would be notified of Jones’ arrest and would destroy any incriminating evidence. He testified that “it had been my experience that in a community such as [this] there is a great deal of conversation on the streets as to incidents such as this taking place.” Acker consequently decided that it was necessary to enter and secure the defendant’s residence until the warrant could be obtained.

Acker and Trooper John Merullo, both in plainclothes, drove up to the house in an unmarked car and knocked on the back door. The defendant’s wife came to the door. Acker testified that, after he asked if “Ed” was in, she responded “come on in” and led them upstairs.3

At the top of the stairs, the defendant’s wife stopped in Acker’s way so he could proceed no further. Acker “just worked, kind of pushed [his] way by gently and went into that bedroom.” Upon entering the bedroom, Acker saw the defendant with his back to the door. He testified that he observed a bowl on a small table in the corner of the room which contained a powdery white substance. He told the defendant not to move, that he was under arrest.

Everyone in the home was ordered to the first floor while Acker awaited the search warrant. After the warrant arrived, a search was conducted and the trooper seized $573 in cash, the white substance and some drug paraphernalia.

Prior to trial, the defendant moved to suppress all the evidence obtained during the search as fruit of an unlawful warrantless search and arrest. The trial court [544]*544denied the motion, finding that the warrantless entry was justified by exigent circumstances. The state claims in this appeal that the warrantless search of the house was also justified as a consensual search, and under the inevitable discovery doctrine. Although neither party addressed the issues of consensual entry or inevitable discovery at the suppression hearing, the trial court noted in its memorandum that the defendant’s wife had admitted the police into the house voluntarily.4

I

The defendant claims that no consent was given to permit the warrantless entry of his home. He contends that his wife did not give free and voluntary consent to Acker in that (1) she did not know he was a police officer, and (2) he forced his way into the bedroom “after she attempted to delay or prevent his entry into the bedroom.”

It is well recognized that a valid consent to enter and search a home is an exception to the warrant requirement. Schneckloth v. Bustamonte, 412 U.S. 218, 222, 93 S. Ct. 2041, 36 L. Ed. 2d 854 (1973); State v. Jones, 193 Conn. 70, 78-79, 475 A.2d 1087 (1984); State v. Harris, 10 Conn. App. 217, 224, 522 A.2d 323 (1987). To be valid, consent must be voluntarily given, not the product of coercion or acquiescence to a claim of lawful authority. State v. Zindros, 189 Conn. 228, 243-44, 456 A.2d 288 (1983); State v. Cobbs, 7 Conn. App. 656, 659, 510 A.2d 213 (1986). In order for a third party’s consent to a search to be valid, the consenting party must have common authority over the premises to be entered or searched. State v. Jones, supra, 80.5

[545]*545We are faced with three subissues in this consent claim. The first is whether the consent by the defendant’s wife was invalid in light of the fact that she was not aware that the persons to whom she gave consent to enter were policemen. The second question concerns the scope of her consent to search. The third question is whether her consent terminated by her action at the top of the staircase.

Our courts have recognized the legitimate need for law enforcement officials to conceal their identities at times. Lewis v. United States, 385 U.S. 206, 209-10 nn.5 and 6, 87 S. Ct. 424, 17 L. Ed. 2d 312 (1966).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Brunetti
883 A.2d 1167 (Supreme Court of Connecticut, 2005)
State v. Reagan
556 A.2d 183 (Connecticut Appellate Court, 1989)
State v. Reagan
205 Conn. 787 (Supreme Court of Connecticut, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
528 A.2d 846, 11 Conn. App. 540, 1987 Conn. App. LEXIS 1015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reagan-connappct-1987.