State v. Rolon
Citation | 337 Conn. 397,253 A.3d 943 |
Decision Date | 13 November 2020 |
Docket Number | SC 20423 |
Court | Connecticut Supreme Court |
Parties | STATE of Connecticut v. Richard ROLON |
Ronald S. Johnson, with whom was Shawn Adams, for the appellant (defendant).
Sarah Hanna, senior assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, and David L. Zagaja, senior assistant state's attorney, for the appellee (state).
Robinson, C. J., and McDonald, D'Auria, Mullins, Kahn, Ecker and Vertefeuille, Js.*
The defendant, Richard Rolon, appeals from the judgment of conviction rendered by the trial court following his conditional plea of nolo contendere to the charge of possession of a controlled substance with intent to sell in violation of General Statutes § 21a-277 (a). The defendant claims that the trial court improperly denied his motion to suppress evidence seized after his warrantless detention in the parking lot of a multiunit apartment building, contending that he was not an "occupant" within the "immediate vicinity" of the premises subject to a search warrant under the exception to the fourth amendment's warrant requirement established in Michigan v. Summers , 452 U.S. 692, 705, 101 S. Ct. 2587, 69 L. Ed. 2d 340 (1981), and Bailey v. United States , 568 U.S. 186, 193, 133 S. Ct. 1031, 185 L. Ed. 2d 19 (2013) ( Summers exception). We agree and, therefore, reverse the judgment and remand the case to the trial court with direction to grant the defendant's motion to suppress.
The controlling facts are those found by the trial court following an evidentiary hearing on the defendant's motion to suppress. "Members of the Statewide Narcotics Task Force conducted a six week long investigation into the suspected narcotics trafficking of an individual named Richard Rivera .... During the course of that investigation, an undercover police officer made a number of controlled drug purchases from Rivera at his home located at apartment C-1 of 12-14 South Street, Hartford.1 On the basis of that investigation, [the] police applied for and obtained a search warrant for Rivera's apartment, as well as arrest warrants for Rivera based on his prior sales of narcotics to the undercover officer.
On the basis of the evidence obtained during the search and seizure of the defendant, Espino, and the defendant's motor vehicle, the police obtained a search warrant for Espino's apartment at C-2 of 12-14 South Street. During the execution of that search warrant, the police discovered more than 5000 bags of powdered...
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State v. Pompei
... ... unreasonable ... The state bears the burden of proving ... that an exception to the warrant requirement applies when a ... warrantless search [and seizure have] been conducted." ... (Citations omitted; internal quotation marks omitted.) ... State v. Rolon, 337 Conn. 397, 409, 253 ... A.3d 943 (2020) ... The ... exception to the fourth amendment's warrant requirement ... applicable to the present case is known as the community ... caretaking exception. The community caretaking exception has ... "evolve[d] ... ...
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State v. Espino
...C. J., and McDonald, D'Auria, Mullins, Kahn, Ecker and Vertefeuille, Js.** ECKER, J. This is a companion case to State v. Rolon , 337 Conn.397, 253 A.3d 943 (2020), which we release today. The defendant, Yashira A. Espino, appeals from the judgment of conviction rendered by the trial court ......