State v. Pratt

641 A.2d 732, 1994 R.I. LEXIS 161, 1994 WL 186548
CourtSupreme Court of Rhode Island
DecidedMay 13, 1994
Docket92-542-C.A
StatusPublished
Cited by39 cases

This text of 641 A.2d 732 (State v. Pratt) 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. Pratt, 641 A.2d 732, 1994 R.I. LEXIS 161, 1994 WL 186548 (R.I. 1994).

Opinion

OPINION

LEDERBERG, Justice.

This case came before the Supreme Court on appeal by Michael D. Pratt (defendant) from a judgment of conviction for possession of over five kilograms of marijuana. The defendant, after a jury trial in Superior Court, was sentenced to twenty years’ imprisonment and fined $20,000. The defendant argued on appeal that the trial justice’s denial of his motion to suppress all tangible evidence and the denial of the defendant’s motion for judgment of acquittal were in error. The defendant also maintained that the trial justice committed reversible error by admitting irrelevant and prejudicial evidence at trial. For the reasons stated herein, we affirm the conviction.

I

FACTS

In June 1988 defendant became the target of a multijurisdictional undercover police investigation which, inter alia, concentrated on illegal drug activity in Newport, Rhode Island. Sergeant Gregory Ursini (Ursini) of the Bristol police department, a member of the Attorney General’s task force on narcotics, assumed the alias Greg Manzi and befriended defendant. Ursini met defendant by enrolling in the Newport Flight School where defendant was an instructor. Ursini and defendant became friends, and when Ur-sini stated that he was searching for a place *735 to live, defendant offered Ursini a room in Ms apartment. Shortly before Ursini moved in, defendant informed Ursini that he intended to install three surveillance cameras at the apartment to keep track of people entering and leaving the apartment. The defendant also told Ursini that he had a loaded mini-14 semiautomatic rifle in Ms room in the event anyone proceeded past the surveillance camera.

The defendant and Ursim soon became business associates when, in December 1988, defendant offered Ursim an opportumty to realize at least a $1,200 profit within one week on a $6,000 investment. According to Ursim, defendant proposed the purchase of twenty-two pounds of marijuana from a contact in West Palm Beach, Florida, with whom defendant had previously dealt. The defendant informed Ursim that tMs was a safe investment that had netted defendant profits of $3,000 to $6,000 on several earlier occasions. On December 13, 1988, the roommates traveled to West Palm Beach and met with John Icart (Icart), defendant’s contact, who sold Ursim and defendant twenty-nine pounds of commercial marijuana. The defendant, although he attempted to obtain cocaine from Icart, did not make a purchase at that time.

Upon returning to Rhode Island, defendant and Ursim packaged the drugs into one-pound bags and began looking for potential buyers. By May 1989 the roommates had moved the marijuana several times and stored it in various locations, including in the garage of their apartment building located at 306 Corey Lane, Middletown. On or about May 15,1989, defendant warned Ursini about a prospective drug raid in Middletown. Under the pretense of moving the drugs to a safer location, Ursini put the remaining marijuana, approximately twenty-four pounds, into the trunk of Ms ear and turned it over to the police.

During their eleven-month acquaintance, the pair’s business discussions did not solely focus on the December marijuana purchase. On several occasions between December and May, defendant suggested to Ursim the possibility of purchasing cocaine. Although the pair never effectuated a cocaine purchase, defendant made it clear to Ursini that he was conducting other transactions of wMch Ursini was not a part. As evidence of such transactions, Ursim knew of several meetings between defendant and suspected drug dealers at both the Newport Flight School and the apartment. The defendant never involved Ursim in these meetings; rather, Ursim would always be asked to leave the room. In April 1989, in order to bolster Ms own credibility, Ursini arranged a mock cocaine transaction between himself and an FBI agent. At Ursini’s request, defendant flew Ursim and the cocaine to a prearranged location. Ursim paid defendant $550 for the transportation.

By mid-May 1989, although defendant had not included Ursim in any of the alleged cocaine transactions, the police decided to conclude the investigation. After Ursini obtained wiretaps of defendant discussing various drug transactions, the police obtained an arrest warrant and search warrants for defendant’s apartment and the Newport Flight School. The apartment warrant authorized a search for:

“Marijuana, cocaine and drug paraphernalia. Electronic surveillance/momtoring equipment. All personal and business documents and papers and other documents pertaining to Newport Flight School. One mmi-14 automatic weapon.”

On May 25, 1989, the FBI and the Newport police arrested defendant and executed the search warrants. The defendant was charged with possession of over five kilograms of marijuana, possession of marijuana with intent to deliver, and delivery of marijuana. A judgment of acquittal with regard to the charge of delivery of marijuana was entered on May 28, 1991. A jury subsequently found defendant guilty of possession of over five kilograms of marijuana and possession with intent to deliver. However, pri- or to sentencing, the trial justice dismissed the charge of possession with intent to deliver. The defendant was sentenced to twenty years’ imprisonment and fined $20,000 for possession of over five kilograms of marijuana. In response, defendant filed the instant appeal pursuant to G.L.1956 (1985 Reenact *736 ment) § 9-24-32 and raised essentially four issues on appeal.

II

SUPPRESSION OF EVIDENCE

The defendant first argued that the trial justice erred when he denied defendant’s motion to suppress all tangible evidence. The defendant alleged, as the first of several grounds to justify suppression of evidence, that the affidavit in support of the apartment search warrant did not establish probable cause to search the apartment for marijuana or drug paraphernalia. The defendant also maintained that the general, exploratory nature of the search violated his constitutional rights under the Fourth Amendment to the United States Constitution and article 1, section 6, of the Rhode Island Constitution. Finally, defendant challenged application of the severability doctrine and asserted that the entire search warrant should have been declared invalid and the evidence seized thereunder should have been suppressed.

The Fourth Amendment and article 1, section 6, forbid the issuance of a search warrant without a showing of probable cause. State v. Riccio, 551 A.2d 1183, 1185 (R.I. 1988); State v. Ricci, 472 A.2d 291, 294 (R.I. 1984). A search warrant must be supported by oath or affirmation and must describe with particularity the place to be searched and the persons or things to be seized. Riccio, 551 A.2d at 1185.

In consideration of defendant’s pretrial motion to suppress all tangible evidence, the trial justice evaluated each element contained in the apartment search warrant in determining the constitutionality of the issuance of the search warrant. The trial justice concluded that there had been no probable cause to support the contention that cocaine would have been found on the premises.

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Cite This Page — Counsel Stack

Bluebook (online)
641 A.2d 732, 1994 R.I. LEXIS 161, 1994 WL 186548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pratt-ri-1994.