Hamilton police narcotics unit officers arrested 22-year-old Alvin Howard in 2009 after busting into his Genesee Street residence.
HAMILTON -- A state appeals court has upheld the use of a "knock and announce" warrant that led to the seizure of drugs and a handgun during a Hamilton drug investigation.
Hamilton police narcotics unit officers arrested 22-year-old Alvin Howard in 2009 after busting into his Genesee Street residence following a three-week investigation. Officers found marijuana, heroin, cash, drug paraphernalia and a handgun, police said at the time.
Alvin Howard Howard later pleaded guilty to possession of heroin with intent to distribute in a school zone and unlawful possession of a weapon and was sentenced to five years in state prison.
Howard's attorney tried to suppress the evidence gleaned from the execution of the warrant before the guilty plea, but a superior court judge denied the motion.
On appeal, Howard's attorney argued there was no credible evidence the police complied with the "knock and announce" requirements.
The appeals court said the superior court judge completed a through review of the warrant and backed his decision to suppress Howard's motion.
The superior court judge found the detective who testified in the first hearing in 2011 was credible and the steps the officer took in executing the warrant were "objectively reasonable."
The decision notes that the officer testified that he and his fellow officers first sat outside Howard's residence one morning and waited for him to possibly leave the apartment.
Then they detained a woman who left the apartment and asked her for a key, so they could enter without breaking down the door if the defendant did not answer, the appeals decision states.
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The woman did not have a key, and Howard did not leave as the officers watched the residence for another 15 to 20 minutes.
So the officers approached the residence and announced their presence, the appeals decision states.
The detective testified he rang the two doorbells outside an enclosed screened porch and waited for about a minute. When he got no response, he opened the unlocked screen door and walked across the porch to the front door.
The detective knocked loudly and said: "Look, Hamilton Township Police Department, can you please come to the door. I need to talk to someone."
After waiting "anywhere between a minute and two minutes," the detective signaled for assistance and three other officers appeared with a hand ram and forced open the door, the appeals decision states.
Then the officers had to enter Howard's apartment door, and after knocking again for 15 to 20 seconds, and pausing, the detective announced as loud as he could: "Hamilton Township Police Department. This is the narcotic unit. Please open the door. We want to execute a search warrant."
When no one answered, the officers forced that door and entered the apartment, the appeals decision states.
Officers arrested Howard in the basement, where he had fled.
Howard had testified that after his girlfriend left that morning, he sat on his couch "in his pajamas preparing to "self-medicate."
While "getting ready to get my things ready to smoke," Howard testified, he heard a loud bang and when he heard a second one, he fled to the basement because he though someone was trying to kick in his front door.
He testified he he never heard yelling and never heard a noise at the door of his apartment before he ran down the stairs to the basement.
Howard, now 28, was released from state prison in January.
Kevin Shea may be reached at kshea@njadvancemedia.com. Follow him on Twitter@kevintshea. Find The Times of Trenton on Facebook
