4th Amendment

The Defendant appealed the trial magistrate’s decision sustaining the charged violation of G.L. 1956 §21-28-4.01 (possession of marijuana, one ounce or less, 18 years or older).  The Defendant, a passenger in a car that was lawfully stopped, contended that the marijuana that was found in her purse was the product of an unlawful search.  The Panel held that the Defendant’s Fourth Amendment rights were not violated because the State allows protective pat down searches of passengers and belongings in vehicles that have been lawfully pulled over.  See Wyoming v. Houghton, 526 U.S. 295, 304-305 (1999); State v. Soares, 648 A.2d 804 (R.I. 1994).  The Panel also noted that the Officer searched the Defendant’s purse only after she admitted that she had a knife in the purse and after she consented to the search of her purse.  The Panel further noted that, because the issue was not raised at trial, the Panel therefore lacked the authority to review the issue.  The Panel denied the Defendant’s appeal.

Town of North Kingston v. A.C., C.A. No. T15-0004 (December 15, 2015).pdf