State v. Reeds

962 A.2d 1087, 197 N.J. 280, 2009 N.J. LEXIS 4
CourtSupreme Court of New Jersey
DecidedJanuary 22, 2009
DocketA-103 September Term 2007
StatusPublished
Cited by41 cases

This text of 962 A.2d 1087 (State v. Reeds) 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. Reeds, 962 A.2d 1087, 197 N.J. 280, 2009 N.J. LEXIS 4 (N.J. 2009).

Opinions

Justice LaVECCHIA

delivered the opinion of the Court.

A jury convicted defendant, Rahmann Reeds, of third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(l), and second-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(2) (possessing quantity of one-half ounce or more, but less than five ounces). In this appeal, defendant contends that the State’s expert’s testimony on drug possession and distribution methods exceeded permissible limits. Specifically, defendant points to a portion of the expert’s testimony that responded to a hypothetical question. The hypothetical reflected the facts of defendant’s arrest. In response, the expert opined that defendant had been in “constructive possession” of the drugs recovered by the police from the car in which he was driving. Defendant claims that the testimony violated State v. Odom, 116 N.J. 65, 560 A.2d 1198 (1989), and subsequent cases, because (1) the subject matter of the expert’s testimony, addressing who was in possession of the drugs found in the car, was not beyond the ken of average jurors; and (2) the expert’s opinion impermissibly invaded the jury’s province by addressing the ultimate issue of defendant’s guilt.

We agree that the expert’s testimony in this matter went too far and exceeded permissible limits. That this Court has recognized a beneficial and appropriate role for a drug expert’s testimony that explains unfamiliar drug trafficking methods to jurors was not [285]*285meant to signal that there are no appreciable limits to such expert testimony. The expert may not usurp the province of the jury to decide the ultimate issue of defendant’s guilt. Here, the expert’s assessment that defendant constructively possessed the drugs found in the car remained part of the record to be considered by the jury. The question of constructive possession of the drugs found in the car was one that the jury was capable of and required to assess itself, by drawing inferences and applying common logic and knowledge. Because the expert should not have been permitted to opine on the ultimate issue of whether defendant possessed the drugs found, plain error occurred. Accordingly, we are compelled to reverse defendant’s convictions and to remand for a new trial.

I.

To understand the import of the expert’s testimony in defendant’s trial, we summarize the facts that were adduced at trial.

On August 14, 2002, two Bergen County police officers stopped a vehicle traveling on Route 95 from the George Washington Bridge. The driver, defendant, allegedly had been driving excessively fast and erratically. Mark Whitley and Isaac Outen were passengers in the vehicle. When asked by one of the officers for his driving credentials, defendant provided a false name and explained that he did not have a license or an insurance card. During that colloquy with defendant, the officer smelled the odor of burnt marijuana and observed an open beer bottle in the rear portion of the interior cabin of the vehicle, near where Outen was seated. The officer made defendant exit the vehicle and, in response to further questioning, defendant admitted that his license was suspended and explained that the car was borrowed.

Returning to question the two passengers still in the car, the officer began with Whitley, the front seat passenger, when he noticed a burnt marijuana joint in the center console. After the officer had Whitley exit the vehicle, the officer saw several packages of heroin on the floor where Whitley’s feet had been. The [286]*286officer searched the area under the front passenger seat and found fifteen unopened bricks of heroin, each containing five bundles of ten heroin packages. He also found an additional opened brick of heroin. All totaled, the bricks contained 798 small packages of heroin. In addition, the officer found six bags of marijuana in the interior front passenger area.

A grand jury returned indictments against defendant, Whitley, and Outen for third-degree possession of a controlled dangerous substance, N.J.S.A 2C:35-10(a)(l) (count one); against defendant, Whitley, and Outen for second-degree possession of heroin with the intent to distribute, N.J.S.A. 2C:35-5(a)(l) and (b)(2) (count two); and against defendant and Outen for third-degree hindering apprehension, N.J.S.A. 2C:29-3(b)(4) (count three).1

The defendants were tried together. During the four-day trial, the State presented several witnesses, including Detective David Swan, an expert in narcotics distribution and possession.2 During direct examination of Detective Swan by the prosecutor, the following exchange occurred:

Q [Prosecutor] [A]ssume hypothetically that three individuals are driving in a borrowed vehicle. Let’s call the driver S-l, suspect one. Front passenger, suspect two. And assume there is a rear passenger behind the front passenger which we’ll call suspect three, S-3.
A [Detective Swan] Okay.
Q And they’re traveling from New York City on Route 95 so that you know that they’re coming out of New York. And the individuals are traveling in the vehicle at night, approximately a little before 9:00 PM on a week night. They’re driving in an erratic fashion, pulled over. The front passenger and the rear passenger, back passenger at some point are asked their names and they give false names. An officer who asks the front passenger for their paperwork smells marijuana in the vehicle and notices in the vehicle an open container of beer.
[287]*287After that[,3 later found in the vehicle, in the front passenger section, right between — on the floor in front of the seat but where their feet would be are found loose folds of what’s determined to be heroin and also scattered on the floor are— by the feet of the front passenger are six bags of marijuana and underneath the seat are found fifteen bricks of heroin, determined to be heroin, as well as found additionally is a sixteenth brick. That sixteenth brick had been opened so that there were forty bags and seven or eight various loose folds.
On the back passenger assume is found cigars or brown cigarettes, Phillies. And on the persons of the individuals are found a totality of currency of nine hundred fourteen dollar’s.
A Okay.
Q Assuming all those hypothetical facts, do you have an opinion as to why the drugs, specifically the heroin, totaling several hundred bags or folds, would be possessed?
A My opinion they would be possessed unth the intent to distribute.
Q And would that opinion be as to suspects one, two and three?
A All constructive possession unth the intent to distribute.
Q And in your training and experience, have you ever had an experience where three individuals would have been located in a vehicle under these hypothetical facts where it would not have been possessed by them?
[Defense counsel for Whitley]: Objection, judge. That’s a conclusion the jury has to make.
Court: She’s saying hypothetically in his training and experience has he ever found that.

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Cite This Page — Counsel Stack

Bluebook (online)
962 A.2d 1087, 197 N.J. 280, 2009 N.J. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reeds-nj-2009.