State v. Stovall

788 A.2d 746, 788 A.2d 736, 170 N.J. 346, 2002 N.J. LEXIS 15
CourtSupreme Court of New Jersey
DecidedJanuary 28, 2002
StatusPublished
Cited by211 cases

This text of 788 A.2d 746 (State v. Stovall) 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. Stovall, 788 A.2d 746, 788 A.2d 736, 170 N.J. 346, 2002 N.J. LEXIS 15 (N.J. 2002).

Opinions

The opinion of the Court was delivered by

ZAZZALI, J.

This appeal requires the Court to determine the legality of a police investigatory stop. Specifically, we must decide whether a law enforcement officer had reasonable suspicion to conclude that a suspect at Newark International Airport was transporting narcotics. The Appellate Division held that the officer was not justified in that conclusion, and affirmed the trial court’s suppression of the drugs seized as a result of defendant’s detention and subsequent arrest. We disagree. Upon review of the totality of the circumstances, we conclude that the officer had reasonable suspicion that defendant was transporting narcotics and therefore was justified in detaining defendant.

I

The Port Authority of New York and New Jersey (Port Authority) is charged with the operation of Newark International Airport. The Port Authority employs numerous law enforcement officers including Detective Charles Benoit. Detective Benoit is a narcotics interdiction Task Force Officer who primarily works at Newark Airport. At the time of this incident, Benoit was “on loan” from the Port Authority to the United States Drug Enforcement Agency (DEA).

On May 31, 1998, Detective Benoit received an electronic page from DEA Agent Scott Cahill in Los Angeles. Agent Cahill [352]*352informed Detective Benoit that an American Airlines ticket agent at Los Angeles International Airport had informed Cahill that two potential drug couriers were aboard American Airlines Flight 114 from Los Angeles to Newark. According to the ticket agent, two female suspects had checked in using “fraudulent” or “questionable” identification. Agent Cahill also informed Detective Benoit that one of the suspects was traveling under the name “Roberta Chambers.” He further stated that although the suspects’ tickets had been purchased at the same time from the same agency, the two women were traveling separately and did not appear to know each other. Agent Cahill described the suspects as “possibly Hispanic.” Both women were in them mid-twenties and were wearing “business type suit[s].” Both carried black “crew-type bags,” or tote bags with wheels that are pulled by a handle. One woman, later identified as defendant, had short ham, wore red, and had a return ticket for June 10. The other woman was wearing a plaid skirt and had longer hair.

Agent Cahill told Detective Benoit that the tickets were purchased through International Mirmar Travel. Detective Benoit testified that he previously had arrested drug traffickers with tickets purchased from that agency.

Detective Benoit also testified that in the past he had received information “of this nature ... [njumerous times, dozens of times.” Thus, on receipt of the information, Detective Benoit notified his partner, Detective Jim Kane, and met him at their office in Newark Airport. The two officers confirmed the flight’s arrival time, obtained the services of a Spanish-speaking officer, and notified K-9 Port Authority Police Officer Thomas Hering to “stand by.” Detectives Benoit and Kane then proceeded to the American Airlines terminal and waited for Flight 114 to arrive.

As passengers disembarked, Detective Benoit noticed two women matching the general descriptions provided by Agent Cahill. Although the women emerged from the jetway at different times, both were pulling small, black tote bags on wheels, and appeared to be “the same age or approximately the same age” as the women [353]*353described by Agent Cahill. According to Detective Benoit, drug couriers prefer carry-on luggage because “check-in” luggage might be subject to handling by others and because K-9 units are regularly posted in the baggage handling area. Although matching Agent Cahill’s general descriptions, the women were African-American, not Hispanic.1

As the women proceeded to leave the terminal, Detective Benoit followed defendant and Detective Kane pursued the other suspect. Detective Benoit approached defendant, identified himself as a police officer, and “asked for permission to speak with her.” Defendant asked Benoit where he would like to speak with her and he replied that where they were was fine. Detective Benoit then asked defendant where her flight originated and defendant responded “Los Angeles.” At his request, defendant produced her airline ticket bearing the name “Roberta Chambers.” Detective Benoit recognized the name as one of the names provided by Agent Cahill. Benoit also noticed that defendant had a “bulk” ticket. According to Detective Benoit, narcotics suppliers often purchase such tickets, which are available at a discounted rate because they are purchased in “bulk.” Those tickets are then distributed to individual couriers in an effort to save money and avoid detection.

After examining defendant’s ticket, Detective Benoit returned it to her and asked for identification. Defendant presented him with a California state identification card bearing the name “Roberta Chambers” and listed an address on Main Street in Los Angeles, California. Detective Benoit testified that he found it “unusual” that a state identification card was defendant’s sole form of identification because “most people carry more substantial identification, specifically a driver’s license.” Benoit also found the [354]*354identification suspicious because the card had expired. He returned the card and asked defendant for her local destination. Defendant told Detective Benoit that she was traveling to New York to visit her boyfriend. Detective Benoit then asked if the luggage she was carrying belonged to her, whether she had packed the bags, and whether she knew what the bags contained. Defendant responded affirmatively to all three questions. Detective Benoit testified that during his conversation with defendant, defendant was “noticeabl[y]” nervous and her hand shook.

After several minutes, defendant asked Detective Benoit why he was asking her questions. Detective Benoit informed defendant that he was a member of a narcotics interdiction team and that he suspected that she was carrying drugs. He then requested permission to search her suitcase and informed defendant of her right to refuse consent. Defendant refused and told Detective Benoit that she wanted to leave. In response, Detective Benoit asked her if she “could [ ] please stand by one minute,” but defendant reiterated that she wanted to leave. Detective Benoit then said “this will just take a few moments.” Defendant did not react.

At that point, Detective Benoit was focused on defendant, while Officer Kane was speaking with the other suspect several feet away. Detective Benoit called for the K-9 unit, which arrived shortly thereafter. The officers placed defendant’s luggage on the ground and the dog “alerted,” indicating the presence of narcotics. Consequently, the officers took defendant into custody and advised her of their intention to seek a warrant to search her bag. Defendant then admitted that her real name was Felicia Stovall and consented to a search of her bag. Before searching the bag, the officers contacted the Union County Prosecutor who informed them that defendant could still change her mind. The officers so informed defendant, stating “you don’t have to allow us into the bag.” Defendant nonetheless gave permission to search her bag and signed a consent form. A search of defendant’s luggage yielded three bundles of marijuana totaling approximately forty-seven pounds.

[355]

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Bluebook (online)
788 A.2d 746, 788 A.2d 736, 170 N.J. 346, 2002 N.J. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stovall-nj-2002.