State v. Shaw

64 A.3d 499, 213 N.J. 398, 2012 WL 6199305, 2012 N.J. LEXIS 1263
CourtSupreme Court of New Jersey
DecidedDecember 13, 2012
StatusPublished
Cited by92 cases

This text of 64 A.3d 499 (State v. Shaw) 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. Shaw, 64 A.3d 499, 213 N.J. 398, 2012 WL 6199305, 2012 N.J. LEXIS 1263 (N.J. 2012).

Opinion

Justice ALBIN

delivered the opinion of the Court.

Police officers, who were part of a special task force to apprehend fugitives, arrived at a multi-unit apartment building to execute an arrest warrant just as defendant Don Shaw and another individual were exiting the building. Shaw was held by these officers because he refused to give his name. The officers did not know whether Shaw was the subject of the arrest warrant; the officers did know that Shaw, like the fugitive, was a black man. On the record before us, this is the only descriptive basis for the stop. Minutes later, other law enforcement officers, including a parole officer, came to the scene. The officers determined that Shaw was not the target of the arrest warrant to be executed. [402]*402Shaw’s name, however, was on a readily available list of those wanted for parole violations. Shaw was arrested, and a search revealed that he had illegal drugs in his possession.

The trial court found that Shaw was the subject of an unreasonable stop in violation of the Fourth Amendment. However, applying the attenuation doctrine, the court declined to suppress the drugs, concluding that the parole warrant served as an intervening circumstance that broke the chain between the improper stop and the discovery of the drugs. The Appellate Division concurred that the police unlawfully detained Shaw, but found that the presence of the warrant did not sufficiently attenuate the taint from the unconstitutional stop. Accordingly, the Appellate Division invoked the exclusionary rule and suppressed the drugs.

We now affirm.

I.

Shaw was charged in a four-count indictment with third-degree possession of a controlled dangerous substance, namely heroin, N.J.S.A. 2C:35-10a(l); second-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5a(l) and N.J.S.A. 2C:35-5b(2); third-degree possession of heroin with intent to distribute on or near school property, N.J.S.A. 2C:35-7; and second-degree possession of heroin with intent to distribute on or near a public housing facility, public park, or public building, N.J.S.A. 20:35-7.1.

The issues in this case implicate the constitutionality of the stop of Shaw and the application of the exclusionary rule to evidence seized from him. Shaw moved to suppress evidence that the State intended to offer at his trial. At a suppression hearing, the State presented three witnesses: New Jersey - State Police Detective Steve Brown, New Jersey State Parole Officer Dan D’Amico, and Atlantic City Police Officer Steve Palamaro. From their testimony, we learn the following.

A.

On the evening of June 11, 2011, State Police Detective Brown set out to execute an arrest warrant on a named fugitive who [403]*403resided in a multi-unit apartment complex at 507 Tennessee Avenue in Atlantic City. Detective Brown was participating in a program called Operation FALCON, a joint effort by federal, state, and local law enforcement officials to apprehend fugitives. Detective Brown was leading one team of officers. Another team was also in operation that evening. Each team had a list of primary targets — such as the fugitive to be arrested at 507 Tennessee Avenue. However, if participating officers encountered non-primary targets — other fugitives with outstanding warrants, including parole violators — they too would be arrested. Those arrests were to be added to the statistics of Operation FALCON.

That evening, Parole Officer D’Amico — a participant in Operation FALCON — was part of a second team executing separate warrants. D’Amico was in a car with Atlantic City Police Officer Palamaro and Officer Herbert of the Atlantic County Sheriff’s Office. D’Amico carried a list of parole warrants for non-primary targets. One name on that list was Don Shaw. He was prepared to arrest Shaw or any other wanted parolee on sight.

At approximately 8:00 p.m., as Detective Brown’s team approached 507 Tennessee Avenue, Brown observed two unknown individuals, Shaw and Niam Gardner, exit from the common entrance of the building and walk in different directions. From Detective Brown’s perspective, the men parted ways on seeing the police. However, he did not observe either individual engage in criminal activity, nor did he know where they were going or whether they knew each other. Nevertheless, Brown and several detectives stopped Shaw, and other detectives stopped Gardner. Detective Brown had the name and description of the person identified in the arrest warrant, but the only features that Brown could say that Shaw shared in common with the targeted fugitive were that both were black and both were men.1 Detective [404]*404Brown’s purpose in detaining Shaw and Gardner was to determine whether either one was the fugitive he sought.

In response to Detective Brown’s request for his name, Shaw “mumbled something.” Detective Brown then repeatedly asked Shaw for his name, but Shaw would not answer. Detective Brown intended to detain Shaw until he learned his identity. His goal was to make certain that Shaw was not “the person that [they] were actually looking for at 507 Tennessee Avenue.” Indeed, if necessary, Brown was prepared to “transport [Shaw] from that location to the State Police barracks or somewhere and run him on [the] AFIS system to see if his prints matched the person [they] were looking for.”2

In the meantime, the second team, which included Parole Officer D’Amico, received a radio call from Detective Brown’s unit that an individual had been stopped and was refusing to give his identity. Within minutes, D’Amico and the occupants of his car appeared on the scene. On arrival, Officer Palamaro recognized Shaw and announced his name to the others in his car.3 Officer D’Amico immediately knew that Shaw was wanted on a parole warrant “because the list was short.” Shaw was then handcuffed. A trooper on the scene called “dispatch,” confirmed the validity of the parole warrant, and determined the existence of another outstanding warrant for Shaw issued by the Galloway Township Municipal Court.

[405]*405Shaw was arrested and searched. In Shaw’s waistband, Detective Brown discovered a plastic shopping bag, and inside the bag, two bricks of heroin wrapped in pornographic paper material. The two bricks of heroin were broken down into 649 individually wrapped smaller bags.

B.

At first, the trial court suppressed the drugs as the product of an unconstitutional search. It found that “the police did not observe [defendant doing anything that would have aroused an objective, articulable suspicion that [defendant was engaged in criminal activity.” Two men walking out of a multi-family apartment building, and then in opposite directions, “is not overly suspicious behavior.” The court also determined that “[defendant had a right not to answer” Detective Brown’s questions and “that a reasonable person in [his] position would not have felt that he was free to leave.” The court observed that “Trooper Brown’s statement that he was not going to let [defendant leave until they had his information does shed light on the atmosphere surrounding the stop.” The court concluded that “the police did not have a reasonable, articulable suspicion to justify the stop” and suppressed the evidence as the product of a search incident to an unlawful arrest. It emphasized that the warrant was discovered after Shaw had been unconstitutionally detained.

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Cite This Page — Counsel Stack

Bluebook (online)
64 A.3d 499, 213 N.J. 398, 2012 WL 6199305, 2012 N.J. LEXIS 1263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-shaw-nj-2012.