State v. Gary Santos

64 A.3d 314, 2013 WL 1790211, 2013 R.I. LEXIS 65
CourtSupreme Court of Rhode Island
DecidedApril 29, 2013
Docket2011-153-C.A.
StatusPublished
Cited by7 cases

This text of 64 A.3d 314 (State v. Gary Santos) 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. Gary Santos, 64 A.3d 314, 2013 WL 1790211, 2013 R.I. LEXIS 65 (R.I. 2013).

Opinion

OPINION

Justice FLAHERTY,

for the Court.

Gary Santos appeals from a judgment of conviction for carrying a firearm in a motor vehicle without a license in violation of G.L.1956 § ll-47-8(a). 1 Santos’ principal argument on appeal is that the trial justice erred when he denied his motion to suppress tangible evidence, to wit, a .44-cali-ber revolver and eleven bullets. Santos argues that his motion to suppress should have been granted because the revolver and bullets were seized after a police officer conducted what he alleges was an illegal search in violation of article 1, sections 6 and 10 of the Rhode Island Constitution and the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. Santos also argues that the trial justice erred in denying his motion for a judgment of acquittal, which he alleges was based on insufficient evidence. This case came before this Court, sitting at Exeter West Greenwich High School, on April 4, 2013, pursuant to an order directing the parties to show cause why the issues raised in this appeal should not summarily be decided. After considering the parties’ written and oral submissions, and after reviewing the record, we conclude that cause has not been shown and that this case may be decided without further briefing or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

I

Facts and Travel

On April 24, 2010, at approximately 8:30 ■p.m., Officer Bethany Dolock of the South Kingstown Police Department was on patrol. While she was driving northbound on Route 1 in South Kingstown, the police officer saw a vehicle that was traveling about twenty miles per hour over the speed limit. She activated her overhead lights and the driver pulled over. Officer Dolock pulled up behind the car, exited her marked cruiser, and walked toward the car. As she did, she noticed that there was a garment bag hanging from the rear ceiling on the driver’s side that was blocking her view of the back seat. When she approached the driver’s side and was first *317 able to look into the vehicle, she saw several loose bullets in an ashtray to the left-hand side of the steering wheel. She promptly asked the driver if he had a weapon; he responded that he did not. During this exchange, Officer Dolock detected a strong odor of alcohol emanating from the vehicle, and she observed that the driver was looking around the car and intentionally looking away from her. She described this as unusual behavior for a motorist during a traffic stop.

Officer Dolock testified that she repeated her question, asking the driver again if he had a weapon, and the driver again responded that he did not. The driver then turned his body towards the passenger side of the vehicle, and Officer Dolock could no longer see his hands. Fearing for her own safety, she partially withdrew her service weapon from its holster and directed the driver, who was later identified as Santos, to “put his hands where [she] could see them.” Santos complied and then got out of the vehicle at the officer’s direction. As he got out of the car, Officer Dolock could smell a strong odor of alcohol coming from Santos’ breath, and she noticed that he had bloodshot, watery eyes and a slight sway in his stance. Officer Dolock, who was alone with Santos during this time, then guided him to the rear of his car and initiated a cursory pat-down of his outer clothing for a weapon. That cursory examination revealed a small pocket knife in one of his pockets. She asked Santos if he had any more weapons, and he denied that there were any. 2 Officer Dolock testified that she placed Santos in handcuffs and explicitly informed him that he was not under arrest, but that she was handcuffing him “for [her] safety and his.” At that time, Trooper Marc Lidsky of the Rhode Island State Police passed by the scene as he was on his way home; as was his usual practice, he stopped to render assistance.

Officer Dolock tried to inquire of Santos further, but he was uncooperative, responding to her questions by saying that “he would only speak to the trooper because he was in charge.” After Santos refused to answer any questions, Officer Dolock led him to her cruiser, at which time two South Kingstown officers arrived as backup. 3 As soon as she secured Santos in the rear of her cruiser, Officer Do-lock searched Santos’ vehicle for weapons while Trooper Lidsky monitored traffic and kept an eye on Santos. The first area of the car that she searched was the front passenger’s side of the vehicle — the area where she had lost sight of Santos’ hands. She observed several more loose bullets and what appeared to her to be the butt of a gun. When she tilted the passenger’s seat forward, she discovered a loaded revolver on the floor.

Officer Dolock returned to her cruiser and asked Santos if he had any documentation as to who owned the revolver. Santos did not respond. She then escorted him out of her cruiser with the intention of administering the standard field sobriety tests. After he refused to submit to the tests, she arrested him for suspicion of driving under the influence of intoxicants. She then placed him back in her cruiser and transported him to the South Kings *318 town police station for processing. 4

As a result of this traffic stop, Santos was charged with carrying a weapon while under the influence of intoxicating liquor or narcotic drugs in violation of § 11-47-52 (count 1), carrying a firearm in a motor vehicle without a license in violation of § ll-47-8(a) (count 2), and unlawfully operating a motor vehicle while under the influence of intoxicating liquor in violation of G.L.1956 § 31-27-2(d)(l) (count 3).

Before his trial began, Santos filed a motion to suppress the revolver and the bullets, arguing that they were the fruits of an illegal search. On November 16, 2010, the trial justice heard arguments on the motion, which the trial justice denied the next day. Thereafter, a two-day jury trial commenced. At the close of the state’s case, Santos moved for a judgment of acquittal on all counts, based on Rule 29 of the Superior Court Rules of Criminal Procedure, and he renewed his motion to suppress. 5 The trial justice granted the Rule 29 motion for a judgment of acquittal as to count 1 and count 3, but he denied the motion as to count 2.

The trial justice also denied the renewed motion to suppress. In a written decision denying the renewed motion to suppress, the trial justice first concluded that the search of the vehicle could not be justified by the “search incident to arrest” doctrine under Arizona v. Gant, 556 U.S. 332, 343, 129 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
64 A.3d 314, 2013 WL 1790211, 2013 R.I. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gary-santos-ri-2013.