State v. Velez

577 A.2d 1043, 215 Conn. 667, 1990 Conn. LEXIS 258
CourtSupreme Court of Connecticut
DecidedJuly 17, 1990
Docket13840
StatusPublished
Cited by31 cases

This text of 577 A.2d 1043 (State v. Velez) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Velez, 577 A.2d 1043, 215 Conn. 667, 1990 Conn. LEXIS 258 (Colo. 1990).

Opinion

Glass, J.

The defendant, George Velez, was charged with possession of narcotics with intent to sell, in violation of General Statutes § 21a-278 (b).1 He thereafter filed a motion to suppress all items seized as a result of an allegedly illegal search of his person incident to his arrest. Following a hearing, the trial court denied the defendant’s motion. The defendant then entered a conditional plea of nolo contendere, pursuant to General Statutes § 54-94a,2 and on June 30, 1988, he was sentenced to a term of five years imprisonment.

[669]*669The defendant appealed the trial court’s ruling on his motion to suppress to the Appellate Court. On October 24, 1989, the Appellate Court held that the trial court should have granted the defendant’s motion to suppress because the police had arrested him without probable cause. State v. Velez, 20 Conn. App. 168, 181-82, 565 A.2d 542 (1989). On November 29, 1989, this court granted the state’s petition for certification, limited to the following question: “Did the Appellate Court err in concluding that the police had an insufficient basis for relying upon the information furnished by the informant and, therefore, lacked probable cause for the arrest and subsequent search of the defendant?”

The following facts were adduced at the suppression hearing. At approximately 8 p.m. on October 28,1987, the Tri-Town Narcotics Task Force* *3 executed a search warrant at the South Windsor condominium of Brian Cowell and Lydia Cameron. Cameron was interrogated at the condominium and told the police that Cowell had been dealing drugs for about one year and that his supplier was a man named George Velez from Hartford. After being taken to the police station, Cowell told the police that he was a drug dealer and that George Velez from Hartford was his supplier. Furthermore, Cowell told the police where, in his condominium, they could find his “stash” of two ounces of cocaine that he claimed to have purchased from the defendant earlier that day. The police then found Cowell’s “stash” in a locked tool box located behind a fake wall in his closet. Cowell gave the police the combination to the lock on the tool box, and they found the cocaine inside it.

[670]*670At the request of the police, Cowell then agreed to set up a narcotics transaction with the defendant for later that night. Using a special “clear line”4 at the South Windsor police department, Cowell placed a call to the defendant’s home telephone. Cowell told the police that the person who answered the telephone told him that the defendant was not at home, but might be at DePortivo’s, a social club in Hartford. Cowell then called DePortivo’s, asked for the defendant, and after a short delay asked the person to whom he was speaking if he could purchase some “tickets.”5 The person on the phone told Cowell that he would call him back. Cowell told the police that the person with whom he had spoken was the defendant. When no return call was received, Cowell placed a second call to the defendant at the club. Following this call, Cowell told the police that the defendant would be appearing at a local 7-Eleven convenience store in approximately twenty minutes, with one ounce of cocaine to sell. Cowell also said that the defendant was having mechanical problems with his car, and therefore would probably arrive in another car. Cowell described the defendant as a forty to forty-five year old Hispanic male, who was pudgy, balding and sporting a beard. In addition, while Cowell was at the police station, the police at his condominium verified that the phone numbers that Cowell dialed were listed in his address book as those belonging to the defendant and to DePortivo’s respectively.

The police set up surveillance at the 7-Eleven store in unmarked police cars, and Cowell remained in one of the cars that was parked across the street from the store. At the designated meeting time, a blue car containing two Hispanic males drove into the parking lot [671]*671and parked in front of the store. Cowell told the officers that the blue car appeared to be that of the defendant’s brother. The passenger in the blue car, who matched Cowell’s description of the defendant, exited the car and walked into the store. Cowell tentatively-identified this person as the defendant. One of the police officers then left his surveillance vehicle and entered the store to observe the suspect more closely. After satisfying himself that the suspect fit the description of the defendant, the officer returned to his surveillance post, observing along the way the registration number of the blue car. Using a public telephone next to his car, the officer called police headquarters and was informed that the blue car was registered to Felix Velez, whom Cowell had previously stated was the defendant’s brother.

After purchasing some food items, the defendant emerged from the store and got back into the blue car, which began to drive out of the lot. An unmarked police car then blocked its path, and officers wearing badges on chains around their necks and shouting “police” began to converge on the car. The car was then quickly shifted into reverse and began to back up. An officer, however, reached into the car, opened the driver’s side door, took the car out of gear, and pried the driver’s hand from the shifter. Both occupants were then removed from the car and searched. The driver of the car was identifed as Felix Velez and the passenger identified himself as George Velez. The search of the defendant’s person produced two packages of cocaine, one containing approximately one ounce and the other one or two grams.

On the basis of this evidence, the trial court found that the defendant had been “arrested” when the car was stopped and he was removed therefrom. It found further that, at the time of the arrest, the police had [672]*672probable cause to believe that the defendant was in possession of narcotics with intent to sell, and therefore the search of the defendant’s person was lawfully conducted incident to the arrest. The state now argues on appeal that the trial court correctly determined that probable cause existed at the time of the defendant’s arrest, and therefore, the Appellate Court should not have overturned the trial court’s ruling. We agree.

“It is an established rule that a properly conducted warrantless search incident to a lawful arrest is not illegal. State v. Cobuzzi, 161 Conn. 371, 373, 288 A.2d 439 (1971), cert. denied, 404 U.S. 1017, 92 S. Ct. 677, 30 L. Ed. 2d 664 (1972); State v. Collins, 150 Conn. 488, 492, 191 A.2d 253 (1963); 4 Wharton, Criminal Evidence § 725 (13th Ed.). In order for the search to be legal, however, the arrest itself must be valid. State v. Cobuzzi, supra, 375; 4 Wharton, loe. cit. Section [54-If] of the General Statutes authorizes a police officer to arrest, without a warrant, ‘any person who such officer has reasonable grounds to believe has committed or is committing a felony.’ ‘Reasonable grounds’ is to be equated with probable cause. State v. Cobuzzi, supra, 376; State v. Wilson, 153 Conn.

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

Related

State v. Correa
Connecticut Appellate Court, 2018
State v. Holley
152 A.3d 532 (Supreme Court of Connecticut, 2016)
State v. Flores
Supreme Court of Connecticut, 2015
Skakel v. State
991 A.2d 414 (Supreme Court of Connecticut, 2010)
State v. Richards
968 A.2d 920 (Connecticut Appellate Court, 2009)
State v. Johnson
944 A.2d 297 (Supreme Court of Connecticut, 2008)
State v. Cabezudo
884 A.2d 1033 (Connecticut Appellate Court, 2005)
State v. Benitez
786 A.2d 520 (Connecticut Appellate Court, 2001)
State v. Glenn
740 A.2d 856 (Supreme Court of Connecticut, 1999)
State v. Schofield, No. Cr 98-468691 (Aug. 16, 1999)
1999 Conn. Super. Ct. 12084 (Connecticut Superior Court, 1999)
State v. Fletcher, No. Cr6 465962 (Jun. 8, 1999)
1999 Conn. Super. Ct. 6878 (Connecticut Superior Court, 1999)
State v. Bailey, No. Cr-14-470466 (Oct. 9, 1998)
1998 Conn. Super. Ct. 11425 (Connecticut Superior Court, 1998)
State v. Eady
733 A.2d 95 (Supreme Court of Connecticut, 1998)
Fritz v. Guida-Fenton Oph. Association., No. Cv97 0398021-S (Sep. 18, 1997)
1997 Conn. Super. Ct. 8601 (Connecticut Superior Court, 1997)
State v. Fuller, No. Cr10-226195 (Jan. 9, 1997)
1997 Conn. Super. Ct. 55 (Connecticut Superior Court, 1997)
State v. Cline
677 A.2d 20 (Connecticut Appellate Court, 1996)
State v. Trine
673 A.2d 1098 (Supreme Court of Connecticut, 1996)
State v. Garcia, No. Cr4-240899 (Dec. 11, 1995)
1995 Conn. Super. Ct. 14314 (Connecticut Superior Court, 1995)
State v. Rodriguez
665 A.2d 1357 (Connecticut Appellate Court, 1995)
State v. Marino, No. Cr9 124100 (Jul. 20, 1995)
1995 Conn. Super. Ct. 8354 (Connecticut Superior Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
577 A.2d 1043, 215 Conn. 667, 1990 Conn. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-velez-conn-1990.