State v. Easterling, 19328
| Decision Date | 01 December 1971 |
| Docket Number | No. 19328,19328 |
| Citation | 257 S.C. 239,185 S.E.2d 366 |
| Court | South Carolina Supreme Court |
| Parties | The STATE, Respondent, v. Clarence T. EASTERLING, Jr., et al., Appellants. |
G. M. Howe, Jr., Arthur G. Howe, Marvin I. Oberman, Malcolm M. Crosland, and Coming B. Gibbs, Jr., Charleston, for appellant.
Sol. Robert B. Wallace, and Asst. Sol. Arthur A. Rosenblum, Charleston, for respondent.
All of the eight defendants were charged with possession of marihuana in violation of Section 32--1492.1 of the code, and with conspiracy to possess and use marihuana in violation of Section 16--550 of the code. All were convicted of the possession of marihuana. Defendants Clarence T. Easterling, Jr., and Richard D. Eddings were found guilty in addition of the conspiracy charge. All defendants have appealed the convictions.
Before trial, defendants served a motion for suppression as evidence the marihuana seized by the officers, on the ground that the search and seizure thereof violated both the Constitution of South Carolina and the Constitution of the United States. The constitutional provisions, which are identical, guarantee the right of the people to be secure in their houses against unreasonable searches and seizures. A hearing was held and testimony taken from both the state's witnesses and defense witnesses in the absence of the jury. At the end of the hearing the trial judge ruled that the evidence was admissible and it was admitted, over objection, in the trial on its merits.
Appellants submit that the trial judge erred in failing and omitting to make an independent finding of facts and circumstances concerning the legality of the search and seizure, and in failing to exclude the evidence. A decision on these issues will be determinative of this appeal.
Whether evidence should be suppressed by a trial judge depends upon the facts, and each case must be decided on the basis of the evidence submitted. In State v. Curley, 253 S.C. 513, 171 S.E.2d 699 (1970) we held that the legality of a search and seizure, as well as admissibility of the evidence, was solely a question for the judge. It is not a question for the jury. A review of the facts and circumstances leading up to the seizure of the marihuana involved is necessary.
At approximately 1:45 on Sunday morning, November 30, 1969, an unidentified person phoned the desk sergeant at the Charleston police department and reported a disorderly party being held at 45 Laurens Street in Charleston. The caller refused to give his name, but said that if Detective Powell (of the narcotics squad) was on duty the party might be of interest to him.
The sergeant contacted Detective Powell, and he, along with Special Agent Jaeger, Inspector Hodge and Detective Botchie, proceeded to 45 Laurens Street. The evidence is susceptible of the inference that music of a possibly disturbing nature was emanating from the apartment of defendant Easterling. The four officers ascended a stairway to the apartment, with Powell and Jaeger in front. At the door of the apartment Agent Jaeger knocked; a voice inside inquired 'who is it' and Jaeger replied 'Clarence', which is the first name of the defendant Easterling. Easterling opened the door. The four officers entered and found a substance called hashish, a form of marihuana, in a tinfoil plate on the floor in the middle of a circle formed by at least a portion of the defendants.
It is the contention of the State that when the door was opened Detective Powell saw and recognized the substance in the tinfoil plate as hashish. If the evidence warrants the conclusion that Officer Powell saw the hashish before he entered the door of the apartment, the trial judge was warranted in finding that the evidence was properly seized and was admissible under the plain view doctrine. It is generally held that if evidence is in plain view so as to obviate the necessity of a search, illegal substances such as marihuana may be seized without a search warrant.
State v. Daniels, 252 S.C. 591, 167 S.E.2d 621 (1969).
If, on the other hand, the hashish was not seen until after an illegal entry, such was not subject to seizure and should have been excluded from evidence. The legality of the entry hinges on whether the officer saw the marihuana from outside the door where he had a right to be.
At the motion-to-suppress hearing, held in the absence of the jury, the State presented two witnesses, Sgt. Fairfull (who received the anonymous telephone call), and Detective Powell. The defendants submitted the testimony of Special Agent Jaeger, of Professor Gadsden and of defendants Margaret Schachte, Donna Jean Martin and Clarence T. Easterling, Jr. Sgt. Fairfull testified relative to receiving the telephone call and conveying the message to the officers who proceeded to the apartment.
The officers did not have a search warrant and admitted that a search for marihuana between the hours of 12 midnight and 6 A.M. at that time was not authorized by law. It is further conceded that facts were not available to the officers at the time which would have supported an application for a search warrant.
Assuming that the report of the disorderly party and the music alleged to have been heard outside the apartment was sufficient to warrant some investigation, it did not justify a forceful entry of the apartment. The officers were not invited into the apartment. The testimony of Detective Powell, upon which the State relies to prove legal seizure, taken as a whole does not warrant the conclusion that the marihuana was seen prior to the entry.
One question and answer of Detective Powell, if considered alone, might support the inference that he saw the marihuana from outside the door. He testified:
Other testimony, however, by Detective Powell and Special Agent Jaeger and the defendants, forces the conclusion that the State's showing does not prove a legal entry and a legal seizure. Detective Powell testified further as follows:
'Q. All right, sir, when you got upstairs what, if anything, was done and by whom?
'A. I believe that Mr. Jaeger knocked on the door and somebody said 'who is it?' and I think Mr. Jaeger said 'Clarence' and Clarence Easterling opened the door. I had my badge in my hand and I said 'police officers' and we stepped in.
Special Agent Jaeger, who knocked on the door and was apparently the first to enter, testified as follows:
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State v. Robinson
...opportunity to in some manner demonstrate an expectation of privacy in the garage. Instead, he did nothing.” (citing State v. Easterling, 257 S.C. 239, 185 S.E.2d 366 (1971) ).) In determining whether the criminal defendant met his burden, courts may consider factors such as:a. whether the ......
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State v. Brockman
...REVIEW Whether evidence should be suppressed due to a Fourth Amendment violation is a question for the trial court. State v. Easterling, 257 S.C. 239, 185 S.E.2d 366 (1971). We defer to the trial court's factual findings and review them only for clear error and lack of evidentiary support, ......
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...this ruling. LAW/ANALYSIS Evidence obtained as a result of an unreasonable search or seizure is inadmissible. See State v. Easterling, 257 S.C. 239, 185 S.E.2d 366 (1971) (citing Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961)). An officer's decision to stop a vehicle gener......
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