State v. Bruzzese

• Court: New Jersey Supreme Court
• Writing for the Court: GARIBALDI; HANDLER; CLIFFORD; POLLOCK
• Citation: State v. Bruzzese, 94 N.J. 210, 463 A.2d 320 (N.J. 1983)
• Decision Date: 08 August 1983
• Parties: STATE of New Jersey, Plaintiff-Appellant, v. Joseph P. BRUZZESE, Defendant-Respondent.

Page 210

94 N.J. 210

463 A.2d 320

STATE of New Jersey, Plaintiff-Appellant, v. Joseph P. BRUZZESE, Defendant-Respondent.

Supreme Court of New Jersey.

Argued March 8, 1983.

Decided Aug. 8, 1983.

Frank D. DeVito, Asst. Prosecutor, for plaintiff-appellant (John H. Stamler, Union County Prosecutor, attorney).

Anthony D. Rinaldo, Jr., Elizabeth, for defendant-respondent (Rinaldo & Rinaldo, Elizabeth, attorneys).

Mary L. Cupo, Deputy Atty. Gen., for amicus curiae, Atty. Gen. of State of N.J. (Irwin I. Kimmelman, Atty. Gen., attorney).

The opinion of the Court was delivered by

GARIBALDI, J.

This case focuses upon the constitutionality of the seizure of evidence from an individual's home incident to the execution at his home of an outstanding arrest warrant on an unrelated charge. Specifically, the issue here is whether incriminating boots seized by police from defendant's bedroom in the course of arresting him on an unrelated contempt of court charge were admissible to prove defendant's involvement in a burglary. Subsumed within this issue is the fundamental question of whether the court should consider the subjective motives and intent of a law enforcement officer in determining the reasonableness of a search and seizure under the Fourth Amendment and under Article I, paragraph 7 of the New Jersey Constitution.

On an autumn evening in 1980, a burglary occurred at Madan Plastics, Inc. (Madan), in Cranford, New Jersey. In the course of investigating the burglary, the Cranford police discovered a distinctive sole imprint on the panel of a rear door of Madan that had been kicked in during the burglary. The sole imprint bore a unique diamond design in the center, with narrow holes around the perimeter of the heel. Although it appeared that the imprint was that of a boot, it was impossible from this evidence to determine the boot's size or shape.

During the course of the Cranford Police Department's investigation, defendant's name surfaced as a suspect. The police learned that defendant was a former employee at Madan and that on the night of the burglary defendant had told friends "he was going to get even with the people at Madan Plastics for firing him." The police also learned that defendant had walked home that night and that he lived about a quarter of a mile from Madan. They were also advised that defendant had been wearing black work boots on that occasion.

On November 13, 1980, the investigation of the Madan burglary was turned over to Detective John Hicks of the Cranford Police Department. After learning that defendant was a suspect, Hicks ran a routine check to determine whether defendant had a criminal record. The check disclosed that there was an outstanding arrest warrant issued against defendant by the Cranford Municipal Court, for contempt of court. The contempt citation evidently had arisen from defendant's failure to appear in court on an unrelated matter. ¹

Detective Hicks decided to go to defendant's home to execute the arrest warrant. He testified candidly that he elected to do this for two reasons: "one, that we had a warrant for his arrest, and the other was I wanted to speak to him about the burglary due to the fact that he was a suspect." Since the defendant lived with his mother and aunt in the neighboring town of Roselle Park, Hicks solicited the cooperation of the Roselle Park police in arresting defendant at his home.

Thereafter at approximately 10:30 a.m. on November 14, 1980, Hicks, along with another Cranford policeman named Mayer and two officers from the Roselle Park Police Department, went to defendant's home. Hicks testified that all four officers went to defendant's home because defendant reportedly had a tendency to become violent with the police. ² Two of the officers went to the back door while Hicks, dressed in plain clothes, and Mayer rang the front doorbell.

Defendant's aunt opened the door. When the police told her they wanted to speak to her nephew, she allowed them to enter the house. She then went upstairs to get the defendant, where he apparently was sleeping. The police remained downstairs.

Shortly thereafter, defendant came downstairs without shoes and clad in a tee-shirt and pants. Hicks and Mayer immediately identified themselves as police officers and informed defendant that they were there to pick him up on the outstanding arrest warrant. They then placed defendant under arrest, and advised him that he was going to be taken to the Cranford police station. The police also informed defendant that bail had been posted at $50.00. Hicks did not advise the defendant at this point of his desire to discuss the Madan burglary.

Defendant told the officers that he wanted to put on shoes and a jacket before going outside. Without invitation, Hicks and Mayer followed defendant upstairs to his bedroom. There is some testimony that defendant had requested the police to wait downstairs, but that Hicks had replied that they had to accompany defendant.

Once in the bedroom, defendant changed his shirt and put on a pair of shoes. He then walked over to his dresser to secure money to post bail. While defendant stood at the dresser, Hicks noticed a pair of black boots standing upright under the dresser. Hicks picked up the boots and examined their soles. The soles corresponded to the impression that Hicks had seen on the rear door panel at Madan. Hicks seized the boots and told defendant that he was taking them to police headquarters for further examination. Hicks advised defendant that he would explain his interest in the boots when they got to headquarters.

Defendant was subsequently indicted in Union County for burglary, theft, and criminal mischief. Counsel for defendant then moved to suppress the boots as evidence. The trial court granted defendant's motion, finding the seizure of the boots the product of a pretextual search violative of defendant's constitutional rights. The Appellate Division, in an opinion by Judge Gaulkin, affirmed the trial court's decision to suppress the evidence. 187 N.J.Super. 435, 455 A.2d 493 (1982). Judge Joelson, who joined in the result, filed a separate concurring opinion and Judge Milmed dissented. We granted leave to the Union County Prosecutor to appeal from the interlocutory suppression order under R. 2:2-2(b). 91 N.J. 577, 453 A.2d 886 (1982).

We reverse the Appellate Division and hold that Hicks's presence in defendant's bedroom and his seizure of defendant's boots was reasonable under the Fourth Amendment of the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution. Accordingly, the boots are admissible into evidence.

I.

Both the Fourth Amendment of the Constitution of the United States and Article I, paragraph 7 of the New Jersey Constitution protect "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures ...." U.S. Const. amend. IV; N.J. Const. art. 1, p 7 (emphasis added). The language of the Fourth Amendment of the federal constitution and of Article I, paragraph 7 of our state constitution is virtually identical. We recognize that this Court has the power to afford citizens of this State greater protection against unreasonable searches and seizures than may be required by the Supreme Court's prevailing interpretation of the Fourth Amendment. State v. Hunt, 91 N.J. 338, 344-46, 450 A.2d 952 (1982); State v. Alston, 88 N.J. 211, 225, 440 A.2d 1311 (1981); State v. Johnson, 68 N.J. 349, 353, 346 A.2d 66 (1975). We find, however, that the search was lawful under Article I, paragraph 7 of the New Jersey Constitution as well as under the Fourth Amendment. Accordingly, our holding with respect to the validity of instant search and seizure under the Fourth Amendment of the United States Constitution is equally applicable under Article I, [463 A.2d 324] paragraph 7 of the New Jersey Constitution. ³

The Supreme Court has consistently asserted that "the rights of privacy and personal security protected by the Fourth Amendment ... are to be regarded as of the very essence of constitutional liberty ...." Harris v. United States, 331 U.S. 145, 150, 67 S.Ct. 1098, 1101, 91 L.Ed. 1399, 1405 (1947) (quoting Gouled v. United States, 255 U.S. 298, 304, 41 S.Ct. 261, 263, 65 L.Ed. 647, 650 (1921)). Historically, the Court has applied a more stringent standard of the Fourth Amendment to searches of a residential dwelling. E.g., Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981); Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980); Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). Indeed, one of this country's most protected rights throughout history has been the sanctity and privacy of a person's home. See generally N. Lasson, The History and Development of the Fourth Amendment to the United States Constitution (1937).

Nevertheless, the Fourth Amendment does not proscribe all searches and seizures, but only those that are judicially deemed unreasonable. State v. Campbell, 53 N.J. 230, 233, 250 A.2d 1 (1969). Indeed, the touchstone of the Fourth Amendment is reasonableness. See Delaware v. Prouse, 440 U.S. 648, 653-55, 99 S.Ct. 1391, 1395-97, 59 L.Ed.2d 660, 667-68 (1979); Cady v. Dombrowski, 413 U.S. 433, 439, 93 S.Ct. 2523, 2527, 37 L.Ed.2d 706, 713 (1973); Camara v. Municipal Court, 387 U.S. 523, 539, 87 S.Ct. 1727, 1736, 18 L.Ed.2d 930, 941 (1967); see also State v. Slockbower, 79 N.J. 1, 21-24, 397 A.2d 1050 (1979) (Schreiber, J. dissenting); State v. Davis, 50 N.J. 16, 22, 231 A.2d 793 (1967), cert. den., 389 U.S. 1054, 88 S.Ct. 805, 19 L.Ed.2d 852 (1968). This constitutional test of reasonableness is satisfied where the police obtain, upon a showing of probable cause, a search warrant from a neutral magistrate. See United States v. United States District Court, 407 U.S. 297, 314-21, 92 S.Ct. 2125, 2135-39, 32 L.Ed.2d 752, 765-69 (1972); see also State...