NJ: Once RS is satisfied, stop must end; third party consent invalid

Defendant’s initial stop for being involved in a robbery was valid, but it became unreasonable once the victim said he wasn’t the guy. At that point, the detention should have ended. Instead, the police repeatedly asked for and finally got consent from his aunt with whom he lived. The consent was invalid because of the unreasonable detention. State v. Coles, 218 N.J. 322, 95 A.3d 136 (2014):

In the matter at hand, we agree with the trial court and the Appellate Division that Sergeant James’s initial stop and detention of defendant was reasonable. We have no quarrel with James’s patdown of defendant or his detention of defendant to enable a showup identification to be conducted. However, once the victim of the reported armed robbery arrived for a showup and was unable to identify defendant as the perpetrator, the calculus changed.

In assessing the reasonableness of a detention’s duration, we have upheld a police officer’s short-term detention of a suspect for the purpose of conducting a showup identification. See, e.g., State v. Henderson, 208 N.J. 208, 259, 27 A.3d 872 (2011) (noting “[s]howups often occur at the scene of a crime soon after its commission”); State v. Romero, 191 N.J. 59, 78, 922 A.2d 693 (2007) (upholding showup identification conducted during investigative detention). Such a brief investigative detention serves the beneficial purpose of quickly exonerating innocent suspects. See Romero, supra, 191 N.J. at 78, 922 A.2d 693; Herrera, supra, 187 N.J. at 504, 902 A.2d 177 (acknowledging showup identifications may “tend to avoid or minimize inconvenience and embarrassment to the innocent”). In that respect, it is a trade-off. By detaining an individual for whom probable cause to arrest is lacking in order that a showup might take place, the person exonerated by the showup is able to be on his or her way without the delay and inconvenience of being brought to headquarters and being required to submit to a line-up. See Herrera, supra, 187 N.J. at 504, 902 A.2d 177 (discussing utility of showup identifications). In other words, the exonerated person is not to be subjected to further detention.

A continued detention must conform to the constitutional requirement of the reasonableness standard that governs all investigative stops. If an officer’s conduct is unnecessarily intrusive or if the suspect is detained for a period beyond what can be considered reasonable, a de facto arrest occurs. See Dickey, supra, 152 N.J. at 478, 706 A.2d 180. Once a de facto arrest occurs, the particularized suspicion that originally supported the investigative detention is no longer sufficient and the arrest must be supported by probable cause. See Gibson, supra, __ N.J. at __ (slip op. at 8) (“A person cannot be arrested unless there is probable cause to believe that he has committed or is committing an offense.”). An arrest unsupported by probable cause constitutes an “unreasonable seizure in violation of both the Federal and State Constitutions.” Ibid.

Here, defendant was prevented from going on his way after the showup failed to develop probable cause to arrest him.6 James continued to detain defendant because defendant did not have any identification documents on him to prove that he was Byseem Coles and that he lived where he said that he did. While individuals are not required to carry identifying documents on them at all times in our free country, we accept that law enforcement acting under reasonable suspicion of an individual can expend a brief but reasonable period of time to confirm an individual’s identity in circumstances as presented here. Our case law has recognized a reasonable and brief interlude of time to permit such identifications to take place. See, e.g., Handy, supra, 206 N.J. at 47, 18 A.3d 179 (finding no quarrel with officer’s extension of investigatory stop of suspect to ascertain identity); Sloane, supra, 193 N.J. at 437, 939 A.2d 796 (finding officer’s running of NCIC check and driver’s license check reasonable during traffic stop); State v. Nishina, 175 N.J. 502, 513, 816 A.2d 153 (2003) (holding officer “was justified in continuing to question defendant,” including asking for identification).

Therefore, we allow that Sergeant James had the flexibility to seek confirmation of defendant’s identity, as defendant had suggested to James, from defendant’s relatives who were reportedly at his nearby home. We further do not propose to hamstring the police officers’ on-the-scene determination to keep defendant detained in the patrol car while two officers approached the door of the home to which defendant directed them. Where we do part ways with the reasonableness of the police officers’ conduct is with what transpired at the doorway.

At the threshold to the home, in an exchange with defendant’s aunt, the officers dropped their suspicion of whether defendant was who he said he was — Byseem Coles. Their actions demonstrated that they had confirmed his identity and that he lived there because they commenced a concerted course of action to secure defendant’s aunt’s permission to let them search his bedroom. However, in accepting those beliefs as to defendant’s identity and residence, the officers no longer had sufficient legal reason to continue his detention. At that point, defendant’s continued police detention was no longer lawful.