State v. Lyons

• Decision Date: 30 March 2021
• Docket Number: AC 42807
• Citation: 203 Conn.App. 551,248 A.3d 727
• Court: Connecticut Court of Appeals
• Parties: STATE of Connecticut v. Gavin LYONS State of Connecticut v. David Gordon State of Connecticut v. Prince Gordon State of Connecticut v. Zipporah Greene-Walters

203 Conn.App. 551

248 A.3d 727

STATE of Connecticut

v.Gavin LYONS

State of Connecticut

v.David Gordon

State of Connecticut

v.Prince Gordon

State of Connecticut

v.Zipporah Greene-Walters

AC 42807

Appellate Court of Connecticut.

Argued October 7, 2020

Officially released March 30, 2021

Ronald G. Weller, senior assistant state's attorney, with whom were C. Robert Satti, Jr., supervisory assistant state's attorney, and, on the brief, John C. Smriga, state's attorney, for the appellant (state).

Adele V. Patterson, senior assistant public defender, for the appellee (defendant Gavin Lyons).

Naomi T. Fetterman, for the appellees (defendant David Gordon et al.).

Bright, C. J., and Lavine and Cradle, Js.^*

BRIGHT, C. J.

The state of Connecticut appeals from the judgments of the trial court dismissing informations brought against the defendants, Gavin Lyons, David Gordon, Prince Gordon and Zipporah Greene-Walters, following its granting of motions to suppress filed by the defendants.¹ On appeal, the state claims that the court improperly (1) determined that Lyons met his burden of proving an expectation of privacy in the areas searched by law enforcement agents and, thus, allowed Lyons to proceed with his motion to suppress,² and (2) granted the defendants’ motions to suppress items seized during a search of a residence located at 351 Noble Avenue in Bridgeport. We affirm the judgments of the trial court.

The following factual and procedural history is relevant to our resolution of the claims on appeal. On January 31, 2017, a United States magistrate signed a federal search and seizure warrant that authorized the search of 349 Noble Avenue, in Bridgeport, which is one half of a multifamily residence. Specifically, the building at the premises is a duplex, with 349 being designated as the premises on the left when facing it from the street and 351 being the premises on the right. On February 1, 2017, state and federal law enforcement agents executed the search warrant at approximately 6 a.m. and entered through the rear of 351 Noble Avenue instead of 349 Noble Avenue, which was the address authorized by the warrant. The search of 351 Noble Avenue revealed the presence of controlled substances and weapons, for which the defendants, who were inside 351 Noble Avenue at the time of the search and claim to be residents of that premises, were arrested and charged with various offenses.³

Thereafter, the defendants filed motions to suppress the evidence seized from 351 Noble Avenue. They claimed, inter alia, that because the search warrant issued by the federal magistrate authorized a search of the property identified as 349 Noble Avenue, the search of 351 Noble Avenue was conducted without a warrant and the seizure of items therein could not be justified pursuant to any exception to the warrant requirement. A hearing was held on the motions to suppress on July 23, 2018.

In its memorandum of decision granting the motions to suppress, the court found "the following facts based upon testimonial and documentary evidence. During the suppression hearing, the court received the testimony of Detective Ryan Slaiby, David Gordon, Prince Gordon, Zipporah Greene-Walters and Lieutenant [John] Cummings of the Bridgeport Police Department.... Lyons offered evidence through the cross-examination of Detective Slaiby. The court received a document in evidence as a full exhibit for purposes of the hearing and marked state's exhibit number [1]. On January 31, 2017, a federal magistrate signed a federal search warrant for 349 Noble Avenue [in Bridgeport]." The court quoted a description of the property that was set forth in an affidavit in support of the warrant, which described the property as "a multifamily, wood-framed, Victorian style residence.... The residence has tan siding, light grey asphalt shingles and white trim around the windows and roof line. There are two entrances located on opposite sides of the front of the residence. The entrance on the left side has bright red painted steps. The entrance on the right has ... dark red, almost maroon color painted steps. The porch area on the right side has green colored columns and green trim around the red colored door. There is a driveway and parking area to the left of the left entrance and a driveway and parking area to the right of the right entrance. The number 349 is clearly visible from the street and is affixed to one of the green columns at the left entrance."

The court further stated: "Detective Slaiby testified he was a part of a task force team numbering some twenty law enforcement officers from various state and federal agencies, including [the Department of] Homeland Security, that executed the search warrant intended for [the] address ... 349 Noble Avenue. That task force at 6 a.m. on February 1, 2017, executed the search warrant signed by the [federal] magistrate authorizing the search of 349 Noble Avenue, not 351 Noble Avenue. Testimony revealed that 351 Noble Avenue is a separate and unconnected [unit].

"Detective Slaiby testified he never saw a warrant before entering the 351 [Noble Avenue] address; that he was aware there was a federal search warrant, however, he had not reviewed the search warrant prior to its execution; but [that] he had surveyed the area from the front of 349 Noble Avenue. Other law enforcement agents had already entered the residence prior to Detective Slaiby. He testified the residence entered was a large structure with multiple floors and multiple rooms on each floor. A gun and two bags of raw marijuana were found in the third floor bedroom by another police officer. The gun was on top of the bed when Detective Slaiby went into the room. An identification card with the name ‘Sean Brown’ was also found in the room. There was no address listed on the identification card; the photo on the identification card was identified by Detective Slaiby in court as Lyons. The police did not find identification for ‘Sean Brown’ anywhere else in the house. Other identifications were found in the room with Lyons’ name. There was a sign hanging in the room that read ‘I do not give consent to search.’ Inside the officers found pants and shirts and other men's clothing. In Lyons’ room the task force located and seized passports and ID cards.... One identification card with a picture of ... Lyons bore the name ‘Sean Brown’; the others with his picture bore the name ‘Gavin Augustus Lyons.’ One identification card was found in a wallet, which was, in turn, inside the pocket of a pair of pants. During the search, officers found a Metro PCS receipt or bill for Sean Brown. Also seized [were] two small amounts of marijuana and a gun.

"Although Lyons was on the first floor of the building when Detective Slaiby first encountered him, federal agents informed Detective Slaiby that Lyons was found in the third floor bedroom when the SWAT team entered the 351 [Noble Avenue] residence. Lyons was later brought up to the third floor bedroom to confirm that it was his room. Detective Slaiby identified ... Lyons at the suppression hearing. Detective Slaiby also testified that a large amount of contraband was found in a closet in a bucket in the room that Greene-Walters was found in.

"David Gordon testified that, at the time of the search, he had resided at 351 Noble Avenue for ten years [and] [t]hat he has an identification card that states that his address is 351 Noble Avenue. David Gordon further testified that the police broke in the door when they executed the warrant because the door was locked. Moreover, David Gordon testified that all the rooms in the house have locks on them. David Gordon testified that he rented 351 Noble Avenue as a whole house and collected money from individuals to whom he subsequently rented rooms. He stated that he would give out the keys to people for their room and replace any lost keys. David Gordon testified that 349 and 351 Noble Avenue have separate driveways, separate front porches and the addresses for each are displayed on the front porches. Other persons reside at 349 Noble [Avenue] and you cannot enter 349 [Noble Avenue] from the inside of 351 [Noble Avenue], and ... the reverse is true.

[Moreover] 349 Noble Avenue and 351 Noble Avenue do not share a living room, kitchen or basement. The building is a duplex. The gas and electric meters are separate.

"Greene-Walters testified that, at the time of the search, she [had] resided at 351 Noble Avenue for almost a year. She testified that when the police entered her residence, she was in bed and that they had to knock in the door because it was locked. She further testified that she had some mail in her room, which the police confiscated. The mail was addressed to her at 351 Noble Avenue. She further testified that the building has two driveways [and] separate electric and gas meters ... [t]hat you cannot gain access ... [to] 349 Noble [Avenue] from inside 351 Noble Avenue ... [and] [t]hat the address numbers 349 and 351 are displayed on the front porch.

"Prince Gordon testified that, at the time of the search, he had been resid[ing] at 351 Noble Avenue for nine years.

His bedroom was on the first floor and ... his door had a lock. When the police executed the warrant, he was sleeping in his room with the door locked. As a result, the police knocked in the door when they searched his room. The police seized his passport, his pistol permit, his birth certificate, and his driver's license. The driver's license was in his wallet, which was on the dresser in the room. The address listed on his license was 351 Noble Avenue. He testified that 349 Noble Avenue and 351 Noble Avenue have separate driveways, separate front entrances, separate mailboxes, separate electric meters located in the front of the [duplex] and separate gas meters located on the side [of] the [duplex]. Once inside 351 Noble Avenue you cannot enter 349 Noble Avenue. Each [unit] has a separate living room and kitchen.

"Bridgeport Lieutenant ... Cummings...