08/20/2008
Jurisdiction of Police Officers
The State appealed the trial magistrate’s decision to dismiss the charged violation of R.I.G.L. 1956 § 31-21-2.1 (refusal to submit to chemical test). Here, the arresting Warwick Police Officer testified that he initially observed the Defendant’s vehicle in West Warwick but that he did not observe any moving infractions. He subsequently observed moving violations when the vehicle was in Warwick and stopped the Defendant in Warwick. The Panel held that the Officer had the authority to initiate the traffic stop because his police cruiser’s computer indicated that the location where he observed the offenses was within his jurisdiction. Accordingly, the Panel reversed the trial magistrate’s decision to dismiss the case and remanded the matter for a hearing on the merits.
City of Warwick v. Joann Maiorano, C.A. T08-0087 (August 20, 2008).pdf