On appeal from the Superior Court of New Jersey, Law Division, Monmouth Company.
King, Gaulkin and Gruccio. The opinion of the court was delivered by King, P.J.A.D.
This case involves the search of a car left outside a hospital emergency room and the search of defendant's clothes taken from him before emergency treatment for a gun-shot wound. Defendant Edward Adams appeals from his conviction for possession of a controlled dangerous substance in violation of N.J.S.A. 24:21-20a(1) and possession of a controlled dangerous substance with intent to distribute in violation of N.J.S.A. 24:21-19a(1). He was convicted after the Law Division judge denied his motion to suppress evidence seized during the course of the investigation and he pled guilty. R. 3:5-7(d). Defendant now asks us to reverse the conviction and suppress the evidence which he claims was seized in violation of his federal and State constitutional rights.
On January 27, 1985 defendant purchased two bags of heroin. After making the purchase he was returning to his apartment when he was shot by an allegedly unknown assailant. The Long Branch Police Department received a phone call that a man had been shot at the Pinewood Apartments and transmitted the information to patrolling officers in nearby police cars. As one officer was going to the scene, he saw a white Datsun
280Z travelling at a high rate of speed away from the apartments. The officer followed the vehicle towards the Monmouth Medical Center. He found the vehicle stopped and parked irregularly at the emergency room entrance with its doors open and the key in the ignition. Another officer, who had been at the hospital on an unrelated matter, joined him. Since they both heard the report of the shooting incident and the car was seen leaving the Pinewood Apartments at a high rate of speed, one of the officers searched the front-seat area of the car for a weapon. He did not find a weapon but did find a plastic bag filled with glassine envelopes containing a powdered substance under the driver's seat.
The officers then entered the hospital where they learned that the defendant was a "Code 3" patient, i.e., there was a likelihood that he could die from his injuries. They obtained his clothing from a nurse, seeking possible evidence concerning the weapon and information about the trajectory of the bullet, and discovered a small package which contained heroin. The defendant eventually recovered from his wounds and was indicted on the drug charges. He moved to suppress the evidence seized from the car and from his clothing, contending that the search was improper because there was no reason for the officers to believe that a weapon would be present in either place.
We are satisfied that the car search was valid under federal and State concepts of exigency, automobile search, abandonment, and impoundment. The circumstances support the officers' reasonably-grounded suspicion that the car could have contained a weapon. As Judge Kennedy said:
Given the nature of the circumstances of this case, the officer's actions seem entirely justified. To repeat a shooting had just taken place. A speeding vehicle was observed leaving the area of the shooting, so that the 280Z was initially implicated in the incident. The vehicle was observed parked irregularly with the doors wide open, keys in it, outside the emergency room.
I'm certainly satisfied that at least there was an articulable suspicion that the weapon could have been in that vehicle and to protect the public I think the initial search was most appropriate.
The Supreme Court held in Cady v. Dombrowski, 413 U.S. 433, 441, 93 S. Ct. 2523, 2528, 37 L. Ed. 2d 706 (1973), that officers were justified in searching the car of a policeman for a weapon to protect the public from those who might recover the gun under a "community caretaking function". In the case before us, there were similar exigent circumstances which justified search of the passenger compartment of the car. Other such warrantless searches of cars have been upheld in this State. State v. Martin, 87 N.J. 561 (1981) (upheld a search of a parked, unoccupied car in a public parking lot; car believed involved in a recently-committed armed robbery). See State v. Esteves, 93 N.J. 498 (1983).
The search of the car is also justified under the theory of abandonment. The police could reasonably have concluded that an automobile improperly parked, with the doors open and the key in the ignition, had been abandoned and the owner had a lessened privacy interest. While searches of cars properly parked, or parked on private property have not been upheld, i.e., U.S. v. Scrivner, 680 F.2d 1099 (5th Cir.1982) (no abandonment if driver leaves truck with keys in ignition on his own premises), cars illegally parked or parked in a hazardous manner have been treated by the courts as abandoned. See also U.S. v. Gulledge, 469 F.2d 713 (5th 1972) (trailer was abandoned when men, leaving it ...