State v. Boghos Terzian

162 A.3d 1230, 2017 WL 2713305, 2017 R.I. LEXIS 98
CourtSupreme Court of Rhode Island
DecidedJune 23, 2017
Docket2009-46-C.A. (P2/07-4007AG)
StatusPublished
Cited by6 cases

This text of 162 A.3d 1230 (State v. Boghos Terzian) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Boghos Terzian, 162 A.3d 1230, 2017 WL 2713305, 2017 R.I. LEXIS 98 (R.I. 2017).

Opinions

OPINION

Justice Goldberg,

for the Court.

This case came before the Supreme Court on February 8, 2017, on appeal by the defendant, Boghos Terzian (defendant or Terzian), from judgments of conviction entered in the Superior Court following a jury trial. The defendant was convicted on three counts of assault with a dangerous weapon and one count of carrying a pistol without a license. Before this Court, the defendant contends that the Superior Court justice erred in denying his motion to suppress evidence seized by police during a warrantless search of his home. For the reasons set forth herein, we vacate the judgments of conviction.

Facts and Travel

This case turns on whether a warrant-less entry into defendant’s home, after he was placed in the custody of the Providence police, followed by a search and warrantless seizure of a firearm and a can of pepper spray, pass constitutional scrutiny. In considering whether the search exceeded the bounds of reasonableness, we confíne our analysis to the evidence presented at the pretrial suppression hearing in Superior Court, upon which the Superi- or Court justice based his decision denying the motion to suppress.

In the late evening hours of July 31, 2007—nearly ten years ago—the Providence police received a 9-1-1 call indicating that gunshots had been fired in the Pumgansett Street area of the city.1 Patrolman Scott Zambarano (Patrolman Zambarano) responded to the call and was dispatched to the parking lot of a Wal-greens located approximately one-half mile from Pumgansett Street. Upon his arrival, Patrolman Zambarano was approached by a man who identified himself as Vito.2 Vito informed Patrolman Zambarano that defendant, who “lived on Pumgansett Street,” had “shot his back window out and beat up his girlfriend.” Patrolman Zambarano, accompanied by his supervisor, Sgt. Roger Aspinall (Sgt. Aspinall), and numerous police officers, in several [1235]*1235marked cruisers, responded to defendant’s home—a single-family dwelling located at 19 Pumgansett Street. According to the officers, when they arrived at the scene, the smell of gunpowder was still in the air and the officers noticed shards of broken glass scattered around the street. The officers mistakenly went to the house next door. Patrolman Zambarano subsequently knocked on the front door of 19 Pumgan-sett and was met by defendant, who exited the house to speak to the officers. He appeared to the officers to be “highly intoxicated.” The defendant stated that there had been a “rift” in front of the house caused by “Spanish kids from the project[s].” The patrolman stated that, at some point during the conversation, defendant became “uncooperative” and “belligerent.” The defendant was seated in a police cruiser until he was identified by Vito as the person with the firearm; he was then placed in handcuffs and returned to the cruiser.

Patrolman Zambarano testified that Stephanie Kruwell (Stephanie), who identified herself as defendant’s fiancée, and her daughter, Samantha Kruwell (Samantha),3 emerged from the house. Samantha informed Patrolman Zambarano that she had been in a fight with her boyfriend and that someone had been pepper-sprayed during the altercation. Patrolman Zambar-ano testified that he asked the women whether there were any guns inside the house, and Stephanie initially responded in the negative; but she then volunteered that “there were guns in the house” and that the officers could go inside and search. Patrolman Zambarano did not inquire of defendant or Stephanie as to who lived in the house. The officer testified that he assumed that Stephanie and Samantha lived in the house and did not ask her for permission to enter the home, nor- did he ask Samantha where she lived. Significantly, when the Superior Court justice pointedly asked Patrolman Zambarano to state the factors that led him to conclude that Stephanie lived in the house, before he entered, he responded, “Just assumption, I guess, your Honor.”

Patrolman Zambarano testified that the officers “responded inside the house, and Stephanie pointed out where the gun was in the house.” He stated that Stephanie “pointed out a bureau,” with clothes “stacked on top of the bureau and [she said that] the gun would be under the clothes on the bureau.” Patrolman Zam-barano testified that he proceeded to look where she pointed and “found a gun placed in a holster on top of the bureau underneath the clothing.” The witness also testified that the officers searched the area where the gun was found and discovered .38-caliber bullets “on a bureau or in a bureau next to the gun” in defendant’s bedroom. However, the police did not seize the firearm at this time. Rather, the Bureau of Criminal Identification (BCI) was summoned to 19 Pumgansett Street to photograph the evidence; additional detectives entered the home and took photographs of both the firearm in defendant’s bedroom and a can of pepper spray that had been discovered in the trash bin.

Sergeant Aspinall also testified at the suppression hearing; he said that he was the officer in charge that evening and participated in the search. This witness testified that his first encounter with Stephanie was at the house after defendant had been handcuffed and placed in the cruiser. He testified that, as he approached the house, he encountered a white male subject, later identified as Nathan Spardello, in the front doorway. Because Sgt. Aspinall “didn’t like [1236]*1236the way [Nathan] was standing above” him on the step, he had Nathan come down the stairs and “passed him on to a patrol officer,” who was nearby, to be patted down. According to Sgt. Aspinall, Stephanie then “responded to the doorway.” She stood inside the doorway, while he was “talking to her from the outside.” Although the witness recalled that there may have been some pit bulls in the home, this was not “an issue since I was outside of the house.” He testified that he “asked [Stephanie] specifically what had gone on this evening in front of her house.” Stephanie told the sergeant that white girls were in a fight in front of her house, at which point, the sergeant returned to the cruiser where defendant was situated, to try to clarify what had transpired. At that point, he learned from a radio call that pepper spray may have been used in the incident. According to the sergeant’s testimony, he wanted to talk to Stephanie again, so he returned to the doorway and “[o]pen[ed] the screen door to get her attention.” According to the sergeant, Stephanie invited him in. The sergeant admitted that he did not ask Stephanie if she lived in the house, but he “assumed” that she lived there. He testified that, during their conversation, Stephanie was taking care of a young child who was “running around the house, and she was trying to take care of that while talking to me.” Although he did not have much contact with Samantha, he recalled that she was also watching the child, who was “going in and out of the house.”

Sergeant Aspinall indicated that, when he asked Stephanie if there was pepper spray in the house, her response was no, but that “we could look around.” According to the sergeant, at that point in the investigation, they were looking for pepper spray. Sergeant Aspinall testified that he immediately went to the trash bin, opened the lid, and discovered the can of pepper spray on top of the trash. He then confronted Stephanie, stating, “I know there’s a firearm in this house. Could you tell me where the gun is?” According to the witness, Stephanie responded, “Yes.

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Cite This Page — Counsel Stack

Bluebook (online)
162 A.3d 1230, 2017 WL 2713305, 2017 R.I. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boghos-terzian-ri-2017.