Posts tagged with "interfering with an officer"

Defendant’s Narcotics Conviction Upheld: Breakdown of Agreement Did Not Terminate Conspiracy

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In a criminal law matter, the Appellate Court of Connecticut affirmed a defendant’s narcotics conspiracy conviction, noting that a failed agreement did not end the conspiracy.

Case Background

This case arose from an incident that occurred on April 15, 2009. Police officers participated in a Drug Enforcement Agency task force conducting narcotics surveillance. They observed the defendant engaging in drug-related activity over an extended period of time. He was talking on his cell phone, and soon thereafter an Acura pulled up nearby and flashed its lights. The defendant walked over to the vehicle and talked to the driver for a few minutes before the car took off.

Officers approached the defendant to effectuate an arrest, but he resisted and tried to run from the scene. However, officers subdued him and placed him under arrest. After being read his Miranda rights, the defendant told police that the driver of the Acura had come to “resupply” him with crack cocaine, a plan that fell through. He helped police locate the supplier, who they detained as well.

The defendant faced numerous charges, but was only convicted of conspiracy to sell narcotics by a person who is not drug-dependent and interfering with an officer. On appeal, he argued that the police provided insufficient evidence that an agreement existed between him and the driver and an overt act in furtherance of the conspiracy was taken by either party.

Conviction Upheld

In this case, the State had the burden of proving, beyond a reasonable doubt, that the defendant “(1) with intent that conduct constituting a crime be performed, (2) agreed with one or more persons to engage in or cause the performance of such conduct, and (3) any one of them committed an overt act in pursuance of such conspiracy.” Because a written agreement almost never exists, the existence of a conspiracy may be inferred by the conduct of the defendant. Here, the defendant’s interaction with the driver in conjunction with his own statement about being resupplied established the requisite intent for conspiracy.

An overt act need not be performed by the defendant only, but by any of the coconspirators. The act doesn’t need to be “a criminal act in and of itself” to qualify. In this case, the Appellate Court found that:

[T]he finder of fact reasonably could have concluded that [the coconspirator’s] drive to [the defendant’s location], his subsequent flashing of the Acura’s lights, the defendant’s walk to the Acura, and any discussion following between the defendant and [the coconspirator] were all overt acts in furtherance of the conspiracy.

That the agreement itself failed to materialize was not relevant. As the Court explained, “a breakdown of an agreement does not end the conspiracy” and is not a recognized defense. Therefore, the judgment was affirmed.

Written by Lindsay E. Raber, Esq.

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When faced with a charge for possession or distribution of controlled substances, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-211-3100 or at JMaya@Mayalaw.com.

Arson Convict Loses His Appeal: Evidence Pointed to Intent to Destroy Building in Suicide Attempt

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In a criminal law matter, the Appellate Court of Connecticut declined to reverse a defendant’s arson convictions, finding sufficient evidence to establish the essential elements of the crime.

Case Background

This case arose from an incident that occurred on October 13, 2006. Police responded to the multi-resident apartment building where the defendant lived, following a report that the defendant was threatening to commit suicide. After they arrived, another resident was seen leaving the building because she was “nervous” about the defendant’s conduct. Officers were unsuccessful in communicating with the defendant, who refused to speak with them.

Smoke soon appeared in the building, and though the defendant climbed onto the fire escape, he reentered the building when officers asked him to come down. The fire intensified but responders could not enter the building because they feared for their safety in light of the defendant’s behavior. The defendant fell from a third-story window and was apprehended with effort, and firefighters promptly attempted to suppress the fire.

However, a portion of the roof collapsed and they had to exit the building. The fire was eventually put out but nonetheless caused severe structural damage. The fire marshal did not find an accidental cause for the fire and placed its origin in the defendant’s apartment, but was not definitive on the cause.

Intent Inferred

The defendant was charged with and convicted of two counts of arson in the first degree (under different subsections to address risk of injury to other occupants and the firefighters) and interfering with an officer. On appeal, the defendant argued that the State provided insufficient evidence that he “intentionally started the fire,… specifically intended to destroy or damage the building and… had reason to believe that the building was or may have been occupied or inhabited at the time the fire started.”

Intent is often inferred from circumstantial evidence where direct evidence is lacking. In arson cases, it is permissible to use the lack of evidence that the fire was caused accidentally, in light of other evidence bearing on intent, to infer that the fire was instead intentionally started.

In this case, the Appellate Court cited numerous pieces of circumstantial evidence supporting the jury’s findings: the origin of the fire, the fire marshal’s conclusions, the defendant’s destructive emotional instability, and the fact that no one else left the building after the fire began other than the defendant. Therefore, a jury could reasonably infer that the defendant intended to start the fire.

Court Rejects Defendant’s Claims

The defendant next argued that his conduct “indicated recklessness or indifference to the damage [the fire] would cause, not specific intent to damage or destroy the building.” However, the Appellate Court was not persuaded, arguing that even if suicide was the primary goal, the jury could reasonably infer that “he intended to damage the building as a means to that goal.” Therefore, as with the previous argument posed by the defendant, this one equally failed.

Finally, the defendant claimed he had no reason to believe anyone else was in the building at the time he started the fire. However, the evidence worked against him: another resident left the building shortly before it was started. At trial, this individual testified that she typically stays home during the daytime. In addition, another resident’s vehicle was located on the scene. Therefore, a jury could reasonably have inferred that “the defendant had reason to believe that one or more tenants may have been in the building during the incident.” Therefore, the Appellate Court affirmed the judgment.

Written by Lindsay E. Raber, Esq.

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When faced with a charge of arson, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Definition of “Public Housing Project” Adequately Defined for Purposes of Drug Distribution Statute

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In a criminal law matter, the Appellate Court of Connecticut rejected a defendant’s attacks on the statutory definition of “public housing project” for purposes of State narcotics distribution statutes.

Case Background

This case arose from an incident that occurred on September 13, 2007. Police officers went to the defendant’s residence to execute a valid search and seizure warrant related to narcotics activity. When officers identified themselves, the defendant ran inside and locked the door. Once the officers gained entry using a battering ram, they heard a toilet flush and saw the defendant leaving the bathroom. The defendant refused to comply with orders and resisted officer attempts to place him under arrest. Officers discovered two rocks of crack cocaine and assorted pills, digital scales, plastic baggies used in the packaging of drugs, and in excess of $1,400 cash.

The defendant was charged with and convicted of possession of cocaine, possession of narcotics with intent to sell within 1500 feet of a housing project, and interfering with an officer. On appeal, he claimed that the State did not present sufficient evidence establishing nearby residential housing as a public housing project.

Defendant Contests Classification as a “Public Housing Project”

Under Connecticut General Statutes § 21a-278a(b), a person is prohibited from transporting or possessing with the intent to sell or dispense controlled substances within fifteen-hundred feet of a designated public housing project. Pursuant to this statute, public housing project means “dwelling accommodations operated as a state or federally subsidized multi-family housing project by a housing authority, nonprofit corporation or municipal developer.”

At trial, one officer testified that the residential housing was “a federally subsidized, elderly/disabled housing complex” that was run by the city’s housing authority. Another officer explained that the neighborhood was “an elderly apartment complex owned and operated by the [city’s] Housing Authority.” In stark contrast, nothing on the record suggested that the property in question was “anything other than a public housing project.” Therefore, the defendant’s claim failed.

Defendant Claims Unconstitutional Vagueness

The defendant further contested that the statute’s definition of “public housing project” was unconstitutionally vague. To prevail on a void for vagueness claim, the defendant has to show, beyond a reasonable doubt, that “[he] had inadequate notice of what was prohibited or that [he was] the victim of arbitrary and discriminatory enforcement.” A defendant need only prove one or the other, not both.

The Appellate Court disagreed with this challenge, stating that the statutory definition “by its plain terms, afforded the defendant notice that the statute applied to public housing projects where elderly or disabled people reside.” Particularly telling, it pointed out that the statute doesn’t require the prosecution to show that the defendant knew he was within fifteen-hundred feet at the time of the narcotics transaction. Therefore, the defendant failed to prove that a constitutional violation had taken place.

Written by Lindsay E. Raber, Esq.

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When faced with a charge for possession or distribution of controlled substances, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-211-3100 or at JMaya@Mayalaw.com.

Defendant’s Refusal to Comply with Officer’s Legitimate Identification Request Constituted Interference with the Officer’s Duties

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In a criminal law matter, the Supreme Court of Connecticut reversed the Appellate Court’s decision to vacate a criminal defendant’s conviction for interfering with a police officer, because the State provided sufficient evidence of the essential elements.

Case Background

This case arose from an incident that occurred on August 14, 2002. The defendant had a history of trespassing on a business’ property, and an employee discovered the defendant apparently tampering with pumping equipment. The defendant urged the employee to call police, and when they responded, an officer asked the defendant to identify himself. Immediately, the defendant failed to do so, claiming that “he did not need to produce identification, that he was on public property and that ‘this isn’t Russia. I’m not showing you any [identification].’”

The defendant was arrested and subsequently convicted of interfering with a police officer in violation of Connecticut General Statutes § 53a-167a, as well as other charges. When asked how the State provided sufficient evidence, the court responded that police were “acting within the scope of their duties in investigating the defendant’s alleged trespass,” and the defendant knew why he was being asked for identification.

Insufficient Evidence

On appeal, the defendant argued that the State provided insufficient evidence that he hindered the investigation by failing to promptly identify himself, and that his conduct was outside the scope of § 53a-167a. The State countered that the statute prohibits both verbal and nonverbal conduct calculated to interfere with the completion of an officer’s duties. In addition, the State contended that “a refusal to comply with a legitimate police request is equivalent to interfering with an officer,” thus there was sufficient evidence to convict.

The Appellate Court agreed with the defendant and overturned his conviction. The State appealed this ruling, arguing that where a police officer makes “a legitimate investigatory stop under Terry, the person subject to the Terry stop must honor the officer’s reasonable demand for identification.” It stated that in this case, the officer had reasonable suspicion that the defendant was engaged or had engaged in criminal activity, and his refusal to promptly identify himself “provided a sufficient factual basis for the defendant’s conviction.”

Interfering with a Police Officer

Upon review of the statute, the Supreme Court noted that the words used are broad in scope, indicating that the legislature “intended to prohibit any act which would amount to meddling in or hampering the activities of police in the performance of their duties.” The Court agreed with the State that a refusal to provide identification in conjunction with a Terry stop “may hamper or impede a police investigation into apparent criminal activity,” regardless of whether the offending conduct is active, passive, aggressive, or peaceable.

The Court explained that because § 53a-167a was drafted in such a way as “to encompass a wide range of conduct,” it is unreasonable to determine that because the legislature did not explicitly include refusals to identification requests, such conduct is exempt.

The Court’s Decision

In order to effectuate an investigation, it is only natural that officers ask questions, and “questions concerning a suspect’s identity are a routine and accepted part of many Terry stops.” The government has several legitimate interests in ascertaining a suspect’s identity, and “[t]he request for identity has an immediate relation to the purpose, rationale, and practical demands of a Terry stop.” The Supreme Court agreed with the State that the defendant’s conduct fell within the purview of § 53a-167a, and was left to determine whether the elements of the offense were satisfied: namely, whether the defendant intentionally hindered the investigation.

The Court agreed that there was sufficient evidence to convict: the defendant’s refusal delayed the police investigation “to [an] appreciable degree.” The delay need not be substantial. In addition, the defendant knew why the police were present, and his refusal “reflected an intent by the defendant to hinder, delay or impede the police.” Therefore, the Court reversed the judgment with respect to this charge and remanded the case to affirm the judgment of conviction.

Written by Lindsay E. Raber, Esq.

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When faced with a charge of interfering with a police officer, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

State’s High Court Finds Drug Offense Convictions Proper Where Defendant Constructively Possessed Narcotics and Cannabis in His Wife’s Car

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In a criminal law matter, the Supreme Court of Connecticut held, in part, that the State presented sufficient evidence to convict the defendant of drug possession charges under the theory of constructive possession.

Case Background

This case arose from an incident that occurred on September 18, 2007. Narcotics officers initiated a valid traffic stop of the defendant, who was driving his wife’s vehicle with a friend in the passenger seat. The defendant avoided answering questions and “began nervously placing his hands inside his sweatshirt pockets and under his clothing.” The officer became concerned for his safety and ordered the defendant to keep his hands visible, but the defendant refused and a physical altercation ensued. During the struggle, a white package fell from the defendant’s pocket to the ground. It contained five wax folds that held a white powdery substance consistent with heroin.

The defendant was placed under arrest, and a subsequent search of his person revealed rolling papers and $552 in cash. While being brought to the patrol car, the defendant twisted out of the officers’ grip, lunged for the package and swallowed it, then “laughed at the officers and said, ‘gotcha.’” After both the defendant and his friend were placed in the cruisers, a search of the vehicle revealed two bags of crack cocaine and three bags of marijuana located in the center console.

Nonexclusive Possession of Narcotics

The defendant was subsequently convicted of possession of narcotics, possession of a controlled substance, interfering with an officer, and tampering with physical evidence, in violation of Connecticut General Statutes §§ 21a-179(a), 21a-279(c), 53a-167a, and 53a-155. On appeal, the defendant argued, in part, that the court “improperly applied the doctrine of nonexclusive possession,” resulting in insufficient evidence to convict him of the possessory offenses.

In a case where the State cannot provide direct evidence of drug ownership, they must present a theory of nonexclusive possession. In other words, to prove illegal possession, the State must establish that “the defendant knew the character of the substance, knew of its presence and exercised dominion and control over it.” This theory is most often set forth where the drugs were not located on the defendant’s body, but in other areas, such as his home or vehicle.

However, where the defendant is not in exclusive control of the premises (for example, there are other vehicle occupants), it is improper to infer that the defendant “knew of the presence of [the substances] and had control of them, unless there are other incriminating statements or circumstances tending to buttress such an inference.”

The Court’s Decision

In this case, the Supreme Court determined that the theory of nonexclusive possession was properly exercised, and a jury could have reasonably concluded that the drugs belonged to the defendant. The defendant was driving the vehicle belonging to his wife, which made it more likely that he, not the passenger, was aware of the drugs in the center console. Drugs and related items were found on his person, making it more likely the cocaine and heroin belonged to him rather than his wife or the passenger.

Finally, medical records revealed that on the day of the incident, a urinalysis revealed the presence of cocaine and opiates in his system. Therefore, there was sufficient evidence to convict the defendant of the possessory counts, and the judgment was affirmed.

Written by Lindsay E. Raber, Esq.

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When faced with a charge for possession or distribution of controlled substances, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-211-3100 or at JMaya@Mayalaw.com.

Defendant Unsuccessfully Appeals Evading Responsibility Charge Due to Sufficient Evidence to Convict Prior to Alleged Unlawful Entry

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In a criminal law matter, the Appellate Court of Connecticut rejected a defendant’s arguments on appeal that his arrest was the product of an illegal search and seizure in violation of the Fourth Amendment.

Case Background

This case arose from an incident that occurred on the night of February 2, 2006. The defendant was driving under the influence with two passengers when lost control of his car and struck two wooden guardrails. An eyewitness called police, but the defendant drove away before a state trooper arrived. The eyewitness explained that after the collision, he heard a female screaming and she appeared injured. He further noted that the driver, who appeared intoxicated, exited the car and ripped off the front bumper. The trooper searched the scene, noting “two damaged guardrail posts, empty beer bottles, a shoe and an automobile bumper.” The bumper’s license plate helped the trooper identify the vehicle’s owner as the defendant.

With back-up, the trooper proceeded to the defendant’s residence, where he saw a vehicle with fresh body damage and a missing front bumper. They approached the front door, knocked and announced their presence, but no one answered. Based on the eyewitness testimony, the car damage, and his experience and training, the trooper was concerned about the health and safety of the vehicle’s occupants. They entered the residence, noting a shoe on the floor matching the one at the scene, and found the defendant sleeping. The troopers could not wake him up, and because the defendant “would stop breathing for several seconds every few minutes,” they called for paramedics.

The paramedics arrived and successfully roused the defendant, who quickly became agitated and ordered everyone out of his home. The troopers attempted to “ascertain the condition of the female passenger,” but the defendant would not answer this question, or sign a summons for evasion of responsibility. Therefore, troopers attempted to initiate an arrest, but the defendant resisted and hurled saliva at the troopers twice, hitting one of them in the leg, before he was handcuffed.

Motion to Suppress Evidence

The defendant was charged with evasion of responsibility in the operation of a motor vehicle, assault of public safety personnel, and interfering with an officer in violation of Connecticut General Statutes (CGS) §§ 14-224(b), 53a-167c, and 53a-167a, respectively. The defendant filed a motion to suppress “all evidence seized and all arrests made,” arguing they were all in violation of constitutional protections against unreasonable searches and seizures. This motion was denied because the court believed that officers entered his household properly under the emergency doctrine exception to the exclusionary rule. The defendant appealed following his conviction, claiming, in part, that the court abused its discretion in denying his motion to suppress evidence.

Generally, evidence obtained as a result of prior illegal police action will be excluded from evidence. To determine whether application of the exclusionary rule is proper, a court must determine “whether the challenged evidence is in some sense the product of illegal government activity.” If, however, the inclusion on the record of illegally obtained evidence was harmless – that it did not contribute to the defendant’s conviction in a meaningful way – a court will not grant a new trial for failure to grant a motion to suppress.

In this case, there was ample evidence to convict for evading responsibility before the troopers entered the defendant’s home. Though the shoe observed inside the home may have “bolstered the state’s case to some extent,” the Appellate Court did not believe it was enough to contribute to conviction.

The Court’s Decision

In a relatively recent decision, the Supreme Court of Connecticut adopted a new exception to the exclusionary rule: the new crime exception. This exception applies if subsequent crimes are “sufficiently attenuated from the alleged illegal entry by the police.” In this case, the Appellate Court was convinced such a gap in time existed from when officers first entered the defendant’s home and when the defendant became combative. Therefore, the Appellate Court declined to grant a new trial on the basis of the denial of the defendant’s motion to suppress evidence. After addressing and rejecting additional matters of appeal, the Appellate Court affirmed the judgment.

Written by Lindsay E. Raber, Esq.

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When faced with a charge of evading responsibility, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.