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State v. Hudspeth

August 15, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WILLIAM O. HUDSPETH, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 05-04-837.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 7, 2007

Judges Sabatino and Baxter.

Defendant William O. Hudspeth appeals from his May 5, 2006 conviction on a charge of third degree unlawful possession of a handgun, in violation of N.J.S.A. 2C:39-5(b). Although the conviction resulted from defendant's negotiated plea of guilty, he nonetheless preserved, pursuant to Rule 3:5-7(d), the right to challenge on appeal the court's denial of his motion to suppress the handgun. At the time of sentencing, Judge Garofolo sentenced defendant to a three-year term of probation, subject to the condition of either serving 180 days in the county jail or successfully completing a six month out-patient drug treatment program. The judge also imposed appropriate fines and penalties.

On appeal, defendant raises the following claims:

I. THE COURT BELOW ERRED BY NOT FINDING THAT AN INDIVIDUAL MAINTAINS A PERSONAL REASONABLE EXPECTATION OF PRIVACY WHILE RECEIVING LICENSED MEDICAL/THERAPEUTIC TREATMENT THAT REQUIRES FULL-BODY NUDITY.

II. OFFICERS WERE ALREADY IN THE BUILDING BEFORE ANNOUNCING THEIR PRESENCE, IN DIRECT VIOLATION OF THE JUDICIALLY MANDATED "KNOCK AND ANNOUNCE" PROVISION OF THE SEARCH WARRANT; THEREBY, THE COURT BELOW ERRED IN NOT SUPPRESSING EVIDENCE.

III. NOT ONLY DID THE POLICE FAIL TO KNOCK AND ANNOUNCE WHEN THEY ENTERED THE ESTABLISHMENT, BUT THEY FAILED TO KNOCK AND ANNOUNCE UPON ENTERING PATRONS' PRIVATE ROOMS, WHEREIN APPELLANT MAINTAINED A CLEAR SEPARATE EXPECTATION OF PRIVACY.

IV. THE SEARCH WARRANT WAS A "GENERAL WARRANT;" EVIDENCE SEIZED OUTSIDE THE SCOPE OF A WARRANT MUST BE SEVERED.

V. THE INTERROGATION OF APPELLANT WAS MADE WHILE HE WAS NOT FREE TO LEAVE AND, IN THE ABSENCE OF MIRANDA WARNINGS, HIS STATEMENTS MUST BE SUPPRESSED.

We have thoroughly reviewed the record and the applicable law, and conclude that defendant's claims are without merit. We affirm.

I.

On January 28, 2005, a judge of the Superior Court issued a search warrant for Sun Massage/Sun Palace located at 1324 Atlantic Avenue in Atlantic City. The search warrant was issued based upon an affidavit establishing probable cause to believe that the premises were used to promote the crime of prostitution, in violation of N.J.S.A. 2C:34-1(b)(1) and (2). The warrant was issued with the requirement that before entering, police knock and announce their identity and the purpose for the search. The warrant ...


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