Appeals Panel
03/03/2014
State of Rhode Island v. Daniel Delano, C.A. No. T13-0055 Possession of Marijuana
Constructive Possession
Defendant appealed the trial magistrate’s decision to sustain the charged violation of G.L. 1956 § 21-28-4.01(c), “Possession of marijuana, one ounce or less, 18 years or older.” Defendant was charged after the Trooper found a glass jar containing a bag of marijuana “resting on the door pocket of the driver’s side in ‘plain view’” in the vehicle operated by defendant. Defendant argued that he could not be found to be in constructive possession of the evidence because it did not belong to him and he did not know it was in the vehicle, which belonged to his girlfriend. The Panel explained that to be in possession of a controlled substance an individual must have “intentional control of (the) designated (substance) with knowledge of its nature.” State v. Gilman, 291 A.2d 425, 430 (R.I. 1972). The Panel then explained that proving these two elements can be inferred from a totality of the circumstances. The Panel explained it was proper for the trial magistrate to infer that the defendant knew the substance to be marijuana because he recognized it upon sight and because it was located in a car belonging to a person with whom he had a close relationship, his girlfriend. Next, the Panel explained it was proper for the trial magistrate to infer that the defendant had intentional control of the evidence because of his close proximity to it in the vehicle. Accordingly, the Panel held that the trial magistrate properly inferred both elements of constructive possession and sustained the charged violation.
State of Rhode Island v. Daniel Delano, C.A. No. T13-0055 (March 3, 2014).pdf
Appeals Panel
03/03/2014
State of Rhode Island v. Daniel Delano, C.A. No. T13-0055 4th Amendment
4th Amendment
Defendant appealed the trial magistrate’s decision to sustain the charged violation of G.L. 1956 § 21-28-4.01(c), “Possession of marijuana, one ounce or less, 18 years or older.” At trial, the Trooper testified that he was dispatched to the scene of a two-car accident and found defendant in one of the vehicles. The Trooper stated that defendant communicated an injury to the Trooper, and the Trooper opened the door to the vehicle to render assistance. The Trooper stated he noticed a glass jar in plain view containing a green, leafy substance which appeared to be marijuana. The Trooper seized the substance and confirmed it to be marijuana using a field test kit. Defendant claimed the Trooper performed an illegal search when the Trooper entered the vehicle and that the seizure of the jar of marijuana was likewise illegal. The Panel explained that under the “community caretaker” exception to the warrant requirement of the 4th Amendment, a law enforcement officer may make a reasonable entry into a vehicle for purposes of rendering aid to a distressed person. The Panel further explained that, under the “plain view” exception to the warrant requirement of the 4th Amendment, three prongs must be met for a seizure to be lawful: (1) the police officer who effects the seizure lawfully reaches the vantage point from which he sees an object in plain view; (2) probable cause exists to support his seizure of that object; and (3) he has a right of access to the object itself. See U.S. v. Sanchez, 612 F.3d 1, 4-5 (1st Cir. 2010). The Panel held the Trooper’s entry into the vehicle was permitted under the “community caretaker” exception and that the seizure was permitted under the “plain view” exception and, accordingly, sustained the charged violation.
State of Rhode Island v. Daniel Delano, C.A. No. T13-0055 (March 3, 2014).pdf