State v. Williams

926 A.2d 340, 192 N.J. 1, 2007 N.J. LEXIS 719
Supreme Court of New Jersey·Decided July 12, 2007·Published·Cited by 70 cases

Opinions

Justice ALBIN

delivered the opinion of the Court.

In State v. Crawley, 187 N.J. 440, 901 A2d 924, cert. denied, — U.S.-, 127 S.Ct. 740, 166 L.Ed.2d 563 (2006), we determined that a defendant commits the crime of obstruction if he disobeys a police command and flees from an investigatory stop — even an unconstitutional one. In this appeal, we must decide whether defendant who resisted and fled from a presumed unconstitutional investigatory stop and who was later arrested for obstruction is entitled to suppression of the handgun seized incident to his lawful arrest.1

We now hold that defendant’s resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional stop and the later seizure of the weapon. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.

I.

A.

Shortly after 2 a.m. on March 26, 2002, while on patrol in a marked car, Elizabeth police officer Paul McRae and his partner received a dispatch from headquarters that a black man wearing a [5]*5black jacket was possibly selling drugs at 1025 Flora Street in the City of Elizabeth.2 At the time, the two officers did not know the source of that information. They responded to the address and observed two black men wearing black jackets in front of the residence. One of the men walked away as the patrol car approached while defendant Marcellus Williams, “apparently shocked and unnerved” by the unexpected presence of the two uniformed officers, remained. The officers did not pursue the individual who left the scene because he did nothing to arouse their suspicions. Indeed, other than the fact that defendant matched the description given by headquarters, the officers did not observe any sign that defendant was involved in drug dealing. After exiting their patrol car, the officers approached defendant for the purpose of interviewing him.

The neighborhood surrounding 1025 Flora Street was known to Officer McRae as an area rampant with weapons and drug-dealing offenses. Officer McRae had made approximately 100 drug-related arrests in that area, and in one-half of those cases the suspects were armed with weapons. The two officers also had received instruction at the police academy that drug dealers commonly carry weapons. Given those factors and the late hour, when the officers reached defendant, Officer McRae asked defendant “to place his hands on top of his head” so that he and his partner could pat him down for their safety.

In response to that direction, defendant pushed Officer McRae and fled. The pursuit that ensued did not last long. After running approximately 100 feet, defendant stumbled and fell to the ground. The two officers then arrested and handcuffed defendant and, while patting him down, found a handgun tucked in his waistband.

A Union County grand jury returned two indictments, one charging defendant with third-degree unlawful possession of a [6]*6weapon, N.J.S.A. 2C:39-5(b), and fourth-degree obstructing the administration of law or other governmental function, N.J.S.A. 2C:29-1(b), and another charging him with second-degree possession of a weapon by a person previously convicted of a crime, N.J.S.A. 2C:39-7(b).

B.

Defendant filed a motion to suppress the handgun as evidence at trial, claiming that the seizure of the weapon was the product of an unconstitutional stop and search. After a pre-trial hearing at which only Officer McRae testified, the trial court denied the motion to suppress. The court determined that given the totality of the circumstances, the “facts [were] sufficient to justify the investigatory stop and pat-down of [defendant]” under the standards set forth in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2& 889 (1968). The court also held that the officers seized the handgun incident to a lawful arrest for obstructing the administration of law pursuant to N.J.S.A 2C:29-1.

After a jury trial on the first indictment, defendant was convicted of the weapons possession charge, but acquitted of obstructing the administration of law. Following the verdict, defendant pled guilty to the second indictment’s charge of possessing a weapon by a person previously convicted of a crime. On that charge, the court sentenced defendant to a nine-year term of imprisonment ■with a five-year period of parole ineligibility. On the weapons possession charge, defendant was sentenced to a concurrent four-year term.

Defendant appealed both the denial of his suppression motion and trial-related issues.

C.

The Appellate Division reversed the trial court’s denial of defendant’s motion to suppress, vacated the judgments of conviction, and remanded to the trial court for further proceedings in [7]*7light of the suppression of the handgun. State v. Williams, 381 N.J.Super. 572, 593, 887 A2d 190 (App.Div.2005).3 The panel first reasoned that the dispatch received from headquarters, standing alone without corroborative evidence that defendant was involved in drug dealing, did not provide the officers with a reasonable and articulable suspicion that criminal activity was afoot. Id. at 587-88, 887 A.2d 190. On that basis, the panel concluded that the officers engaged in an unconstitutional investigatory stop. See id. at 588, 887 A.2d 190.

Next, the panel found that defendant had a “constitutional right to refuse to participate in the State’s unlawful exercise of dominion over [his] right to be free from an unreasonable search and seizure.” Id. at 591, 887 A.2d 190. Following that logic, defendant could not be “lawfully arrested for violating N.J.S.A 2C:29-1(a) by fleeing from an unlawful Terry stop.” Ibid. Therefore, the panel determined that the search of defendant and the seizure of the handgun were incident to an unlawful arrest for obstruction, requiring the gun’s suppression. Id. at 593, 887 A.2d 190.

The panel added that it did not mean to suggest that a “defendant could not be lawfully arrested for fleeing from an unlawful investigatory stop” if the flight created a “ ‘high potential for causing injury to law enforcement officials.’ ” Id. at 592-93, 887 A.2d 190 (quoting State v. Casimono, 250 N.J.Super. 173, 185, 593 A2d 827 (App.Div.1991), certif. denied, 121 N.J. 558, 606 A.2d 370, cert. denied, 504 U.S. 924, 112 S.Ct. 1978, 118 L.Ed.2d 577 (1992)). The panel, however, maintained that “defendant’s flight from this unlawful investigatory stop did not create a danger to the officers and, thus, did not produce the element necessary to purge the taint of the officers’ unlawful search and seizure.” Id. at 592, 887 A.2d 190. The panel squarely held that “a citizen’s [8]

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State v. Williams, 926 A.2d 340, 192 N.J. 1, 2007 N.J. LEXIS 719 (N.J. 2007).

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