Defendant appeals the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (“refusal to submit to chemical test”). Defendant argued that his arrest was illegal under the Fourth Amendment and that all evidence collected as a result of his arrest should have been suppressed pursuant to the exclusionary rule of the Fourth Amendment. Defendant was pulled over in the early morning for crossing a painted line, failure to use his turn signal, and failure to stop at a stop sign. The Officer employed “high-risk protocol” during the traffic stop. The defendant was ordered out of the vehicle and onto his knees while the officer trained his gun on the defendant. The defendant was searched, cuffed and placed in the rear of the cruiser. The officer then searched the defendant’s vehicle. Afterwards, the officer uncuffed the defendant and began asking him questions as part of the officer’s investigation of driving under the influence of alcohol. The Appeals Panel held that the arrest was illegal; however, the panel held that the exclusionary rule did not apply to Refusal cases because these cases are civil in nature. Defendant appealed this decision, arguing that the exclusionary rule should apply to traffic tribunal trials. The District Court agreed that the arrest was illegal and that the constitutionally based exclusionary rule did not apply. However, the District Court held that R.I.G.L 1956 § 9-19-25 mandates the exclusion of illegally obtained evidence because, by its explicit language, it applies to all actions in state courts. Accordingly, the decision of the trial court was reversed.
Michael Rhodes v. Town of Burrillville, A.A. No. 16-45 (August 10, 2017)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions