State v. Buddhu

• Citation: 825 A.2d 48,264 Conn. 449
• Decision Date: 24 June 2003
• Docket Number: (SC 16605)
• Court: Supreme Court of Connecticut
• Parties: STATE OF CONNECTICUT v. DEOWRAJ BUDDHU.

264 Conn. 449

825 A.2d 48

STATE OF CONNECTICUT v. DEOWRAJ BUDDHU.

(SC 16605)

Supreme Court of Connecticut.

Argued January 15, 2003.

Officially released June 24, 2003.

Borden, Norcott, Palmer, Vertefeuille and Zarella, Js. Robert J. Scheinblum, assistant state's attorney, with whom were John M. Massameno, senior assistant state's attorney, and, on the brief, Christopher L. Morano, chief state's attorney, for the appellant (state).

Wesley S. Spears, for the appellee (defendant).

Opinion

ZARELLA, J.

In this certified criminal appeal, we are called upon to determine, inter alia, whether the Appellate Court properly upheld the trial court's ruling on a motion of the defendant, Deowraj Buddhu, to suppress certain evidence that police officers had seized while executing a search warrant at the defendant's residence. The trial court granted the defendant's motion to suppress on the basis that the facts alleged in the affidavit accompanying the warrant application did not establish probable cause to search the defendant's residence and that the warrant itself failed to describe with particularity the place to be searched as required by the fourth amendment to the United States constitution.¹ Thereafter, the trial court dismissed the substitute information charging the defendant with multiple violations of the Penal Code.² The state appealed, on the granting of permission to appeal,³ from the judgment of the trial court to the Appellate Court. The Appellate Court affirmed the judgment of the trial court, concluding that the warrant failed to satisfy the particularity requirement of the fourth amendment. State v. Buddhu, 65 Conn. App. 104, 111, 112, 782 A.2d 169 (2001). On appeal to this court, the state claims that the Appellate Court improperly determined that the warrant did not satisfy the particularity requirement and that the trial court improperly determined that the warrant was not supported by probable cause. We agree with the state and, accordingly, reverse the judgment of the Appellate Court.

The following facts and procedural history are relevant to this appeal. On November 17, 1995, Gary E. Gaudioso, an employee of The Bank of New York, reported to the Rocky Hill police department that unknown persons had forged and negotiated two checks resulting in a monetary loss of approximately $58,400. Gaudioso provided copies of the checks, which revealed that one check, in the amount of $8400.65, was made payable to and negotiated by Gregory W. Roberson on August 3, 1995, and that the other check, in the amount of $50,000, was made payable to and negotiated by Michael Anthony Casati on August 16, 1995. According to Gaudioso, the forgeries were not immediately identified because they were of "professional-quality."

On November 20, 1995, the Rocky Hill police department executed search warrants upon Casati's person, residence and vehicle for evidence relating to the forgeries. Subsequent to the execution of the warrants, Casati was interviewed by police. In addition, Casati completed an affidavit in which he acknowledged being a participant in the forgery scheme. In his affidavit, Casati explained that, in August or September, 1995, Satesh Buddhu (Satesh), one of Casati's friends and the defendant's son, approached Casati and asked him if he wanted to make some additional money. Satesh told Casati that he would pay him $1000 if he would deposit a $50,000 check in his bank account, to which Casati agreed. A few days later, Satesh picked up Casati at Casati's place of employment and drove Casati to the bank. After Casati deposited the check into his savings account, Satesh brought him back to work but retained Casati's bankbook. Approximately one week later, Satesh again picked up Casati at work and brought him to the bank, where Casati withdrew approximately $9000 in cash. On three or four more occasions, Satesh drove Casati to the bank where Casati withdrew cash from his account. On each of those occasions, Satesh retained Casati's bankbook after Casati had completed the transaction.

Casati explained further in his affidavit that, sometime thereafter, Satesh was called to serve in the National Guard in Texas. Before his departure, Satesh instructed Casati to go to the bank every few days, withdraw less than $10,000 in cash, place the money, along with the bankbook, in a sealed envelope labeled "AGNANI" or "AGANI," and give the envelope to Satesh's father, the defendant. Satesh further instructed Casati to give the envelope only to the defendant. Thereafter, each time Casati would withdraw money, he would place a telephone call to the defendant, meet the defendant at what Casati believed to be the defendant's residence at 958 Broad Street in Hartford, and pick up a sealed envelope from the defendant that contained the bankbook and that had the name "MIKE" written on the front. Casati would withdraw cash from his account and then return the cash and bankbook to the defendant in a sealed envelope. Casati repeated this cycle on several occasions until the bank account was depleted.

Sometime in October, 1995, Satesh returned from Texas and called Casati at home. Satesh asked Casati about his checking account number and the branch at which that account was located. Approximately one week later, Satesh called Casati and told him that he would pay him $200 to use Casati's checking account, and that a check in the approximate amount of $8000 had been deposited in that account and should have cleared. Casati agreed and attempted to make a withdrawal from that account, but the bank informed him that the check did not clear. Soon thereafter, Casati received the check in the mail, and Satesh went to Casati's residence to pick it up.

On the basis of the information Casati had provided, two police detectives from the Rocky Hill police department, on November 21, 1995, applied for a warrant authorizing the search of the residence located at 958 Broad Street in Hartford and the seizure of, inter alia, bank account records, office equipment, and other items used in the manufacture of forged instruments. In the affidavit accompanying their application for the warrant, the detectives noted that they had verified, through a search of the records of the state department of motor vehicles, that Satesh and the defendant both had identified their residential address as 958 Broad Street in Hartford. The detectives further noted that, while executing a search warrant on Casati's person, they had discovered a business card in Casati's wallet bearing the business name "Phoenix Consulting Services" with an address of "958 Broad Street, Hartford." The card also listed the name "Deo" and indicated that the business engaged in accounting, tax preparation, and estate and financial planning.

In support of their application for a warrant, the detectives stated: "Based upon the information contained [in the affidavit in support of the warrant application], we . . . believe probable cause exists that evidence of the crimes of FORGERY and LARCENY will be found . . . within the residence and home operated business located at 958 Broad Street . . . [in] Hartford. . . ." The detectives also stated: "[B]ased upon [our] training and experience . . . we know [that] person(s) who engage in the manufacture of forged checks have in their possession and/or control a variety of office-type equipment to complete the forged documents. The office equipment utilized by such people include check-type paper, typewriter(s), check writer(s), computer(s), printer(s), recordings of reference materials and/or records of their accomplishments, and identification of other person(s) or businesses which are knowingly or unknowingly involved in the completion of said crimes." On November 21, 1995, a search and seizure warrant was issued on the basis of the information contained in the detectives' application for a warrant and the accompanying affidavit. The warrant contained the following description of the place to be searched: "The residence of SATESH BUDDHU (date of birth 2/6/74) and [the defendant] DEOWRAJ S. BUDDHU (date of birth 9/18/42), 958 Broad Street, Hartford, Ct. This is also the business location of PHOENIX CONSULTING SERVICES, operated by [the defendant] Deo [Buddhu]."

On November 22, 1995, members of the Hartford and Rocky Hill police departments executed the search warrant at 958 Broad Street. The building on Broad Street that bore the number "958" was a three-story, multiunit dwelling, which had two unlabeled doors on each floor. Upon their arrival, the police officers ascended to the third floor of the building. As they reached the third floor, they noticed that there were two doors. The officers first knocked on the door on the left and then knocked on the door on the right. Satesh opened the door on the left and certain officers entered that unit and conducted a protective sweep⁴ of all of the rooms therein. The police officers then asked Satesh where the defendant's room was located. Satesh told the officers that the defendant lived in the unit on the right. The police officers instructed Satesh to open the door on the right and Satesh complied, unlocking the door with a key. As a result of their search of the defendant's unit, the officers seized several items including computer equipment, computer media, records of forged documents, a United States Immigration and Naturalization Service rubber stamp, several completed and partially completed counterfeit American citizenship documents, and correspondence describing how forged citizenship documents could be used to obtain a United States passport and social security card.

The defendant subsequently was charged with numerous counts of second degree forgery and attempted second degree forgery, and with various other offenses, including attempt to commit first degree larceny as an accessory. See footnote 2 of this opinion. The defendant filed a motion to suppress the evidence seized from...