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 4th Amendment
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