State v. Rockford

64 A.3d 514, 213 N.J. 424, 2013 WL 1729532, 2013 N.J. LEXIS 357
CourtSupreme Court of New Jersey
DecidedApril 23, 2013
StatusPublished
Cited by120 cases

This text of 64 A.3d 514 (State v. Rockford) 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. Rockford, 64 A.3d 514, 213 N.J. 424, 2013 WL 1729532, 2013 N.J. LEXIS 357 (N.J. 2013).

Opinions

Justice PATTERSON

delivered the opinion of the Court.

On August 24, 2007, officers from the Manalapan Police Department executed a search warrant at the home that defendant John J. Rockford, III shared with his parents. Based upon an investí[431]*431gation that included surveillance, officers suspected defendant of conducting a drug distribution operation in his residence, and concluded that defendant had access to weapons located in the home. The search warrant executed by the Manalapan police officers was a “knock-and-announce” warrant, which, with narrow exceptions, requires officers to knock on the door and announce their authority and purpose before entering the premises. In their execution of the warrant, the officers followed a written plan that included the use of a “flash-bang” diversionary device, designed to generate an intense flash of light and loud noise to briefly distract a suspect. They deployed the flash-bang device outdoors, on defendant’s driveway, immediately before entering the open garage, knocking on the doors of the residence and entering the home itself. The officers’ search yielded a substantial volume of controlled dangerous substances (CDS), CDS paraphernalia, and weapons.

Defendant moved to suppress the evidence recovered by the police from the search. He challenged the officers’ use of the flash-bang device prior to knocking and announcing their presence, and their conduct as they entered the garage and the interior of the home, on the ground that the officers violated the “knock-and-announce” provision of the warrant. The trial court denied the motion to suppress, and defendant pled guilty to two drug offenses.

Defendant appealed. A divided Appellate Division panel reversed the trial court’s decision denying the motion to suppress. The panel’s majority held that the preplanned use of a flash-bang device is inherently inconsistent with a knock-and-announce search warrant, and that the officers’ search violated the terms of the warrant, thus requiring the exclusion of the evidence discovered during the search. A member of the panel dissented, finding the officers’ execution of the search warrant objectively reasonable, and concluding that their preplanned deployment of the flash-bang device was proper under the circumstances of this case. [432]*432By virtue of the dissent in the Appellate Division, the State appealed as of right.

We reverse the Appellate Division panel’s determination. We conclude that the execution of the warrant did not violate defendant’s right against unreasonable search and seizure under the Fourth Amendment to the United States Constitution or Article I, Paragraph 7 of the New Jersey Constitution. We further conclude that the officers’ execution of the search warrant was objectively reasonable, given the setting in which they proceeded- — a home containing multiple firearms that was suspected of serving as the hub of a significant drug distribution operation. We decline to adopt a bright-line rule that would preclude the use of a flash-bang device in the execution of a knock-and-announce warrant absent unanticipated exigent circumstances. Under the totality of the circumstances, we find the officers’ conduct in executing the search warrant to be objectively reasonable and, thus consistent with constitutional standards.

I.

An anonymous informant’s tip triggered the Manalapan Police Department’s investigation of defendant. The informant reported that a man named Rockford in his late twenties or early thirties was selling marijuana and prescription drugs by briefly admitting CDS buyers into his garage attached to his residence located near police headquarters. Officers were familiar with defendant because of prior investigations involving the sale of CDS. They determined that although defendant had been denied a handgun permit because of a previous arrest, defendant’s seventy-seven-year-old father legally owned four firearms. The officers learned that the father had sought two additional permits, and that defendant frequently accompanied his father when he inquired about the applications’ statuses. Thus, from the inception of the investigation, officers were concerned that defendant had ready access to firearms in the home that he shared with his parents.

[433]*433Police conducted surveillance of defendant’s residence for six days in August 2007. Officers observed defendant briefly admit individuals into the garage after opening the overhead garage door. Visitors left holding objects that had not been with them when they arrived. During the surveillance, officers observed groups of people smoking what the officers believed to be marijuana in the garage.

Led by Detective Michael Ratta, the officers applied for a search warrant for defendant’s residence, a shed on the property, and vehicles registered to defendant and his father. Detective Ratta’s affidavit, submitted in support of the warrant application, set forth the results of the officers’ investigation, including details on the surveillance of the home. The officers requested that the warrant permit them to search for CDS, CDS paraphernalia, evidence of CDS manufacturing, records of proceeds from CDS sales, computer files and firearms. They requested that the court issue a “no-knock” warrant permitting police officers to enter defendant’s residence without announcing their presence or purpose.

With the application for the warrant submitted to the court, the officers planned their operation. Lieutenant Michael Fountain, leader of the Manalapan Police Department’s Emergency Response Team (ERT), led the planning. Lieutenant Fountain was certified as an instructor in the use of the flash-bang device, which the Department had yet to deploy in any police operation. On August 22, 2007, officers met to discuss the execution of both a “no-knock” and a “knock-and-announce” warrant.

On August 23, 2007, a Superior Court judge issued the warrant but directed that it be a knock-and-announce warrant, rather than the requested no-knock warrant. The officers then completed a “risk assessment matrix” to determine the operation’s threat to police safety. Given defendant’s suspected involvement in CDS and defendant’s potential access to firearms, the ERT was charged with leading the execution of the warrant. The Manala[434]*434pan Police Department did not seek an emergent appeal of the trial court’s denial of the “no-knock” provision that it had sought.

With the search warrant in hand, the officers finalized their plan for the warrant’s execution. The plan called for a dozen officers, divided into three teams, to approach defendant’s home from different vantage points. Team One, consisting of five officers and headed by Lieutenant Fountain, would deploy the flash-bang device outdoors. The plan called for Lieutenant Fountain to toss the device from a vehicle parked in the neighbor’s driveway to defendant’s driveway, and then to proceed into the garage, detaining anyone in the garage and securing the first floor. The four officers comprising Team Two would proceed to the front door of the residence, knock and announce their presence and purpose, and enter the home. Team Three would remain outdoors behind the residence and apprehend anyone attempting to flee.

The officers approached defendant’s home late in the afternoon of August 24, 2007. They waited until the overhead garage door was open, and saw two men standing on the driveway near the open door.

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Bluebook (online)
64 A.3d 514, 213 N.J. 424, 2013 WL 1729532, 2013 N.J. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rockford-nj-2013.