State v. Roberts

434 A.2d 257, 1981 R.I. LEXIS 1258
CourtSupreme Court of Rhode Island
DecidedAugust 28, 1981
Docket80-125-C.A.
StatusPublished
Cited by9 cases

This text of 434 A.2d 257 (State v. Roberts) 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. Roberts, 434 A.2d 257, 1981 R.I. LEXIS 1258 (R.I. 1981).

Opinions

OPINION

WEISBERGER, Justice.

Keith A. Roberts, George E. Conley, Francis X. Connolly, Robert W. Mauer, Michael J. Mauer, Marvin R. J. Odom, and Gregory P. Stevenson appeal from their convictions for possession of a controlled substance with intent to deliver and for conspiracy. The defendants were indicted on January 23, 1978. The indictment was based upon evidence obtained from a series of searches and seizures conducted by the Rhode Island State Police in the town of Jamestown and on Narragansett Bay on November 28-29, 1977.

A motion to suppress the evidence obtained from these searches and seizures was denied on April 30, 1979. Thereafter, a trial without the intervention of a jury was held on May 7, 1979, and defendants were found guilty on July 19, 1979. Judgments of conviction were entered and concurrent [259]*259sentences of five years were imposed upon all defendants on October 5, 1979.1

The defendants raise three major issues in challenging the searches and seizures upon which the prosecution’s case is predicated. Varying groups or individual defendants challenge each of the searches and seizures. The relationship of the defendants to the several searches and seizures will be set forth as each incident is discussed.

I

THE CHALLENGE OF DEFENDANT ROBERTS TO EVIDENCE DERIVED FROM THE SEIZURE AND SEARCH OF HIS MOTOR VAN

On November 28, 1977, at approximately 9 p. m., Trooper David J. DeCubellis was on duty at the Wickford barracks of the Rhode Island State Police. He received a telephone call from a Mr. Jack Anderson, who reported that during the past two weeks he had observed suspicious activities in the vicinity of the house and land adjoining his premises on East Shore Road in Jamestown. Mr. Anderson had heard of smuggling activities taking place in Jamestown during the summer of 1977, and therefore he took special note of certain events on the neighboring property. He reported that “during the past week” trucks had left the adjacent property without lights and that on the night in question he had observed a sailboat, without running lights, motor in and moor to a dock on the adjacent property. He also heard a good deal of noise and talking in the vicinity of the dock. Upon receipt of this report, Officer DeCubellis notified his supervisor, Sergeant Bailey, who dispatched Trooper Theodore R. Davis, Jr., a State Police officer with seven and a half years’ experience, to investigate.

As Davis headed toward the Anderson property, he saw a white van pass his cruiser traveling in the opposite direction. When he reached the foot of the Anderson driveway, Davis was met by Anderson who reported that the van which had passed Davis had just left the driveway of the residence next door, identified as the Sullivan residence, without lights. He stated that the driver had not turned the van’s lights on until it had traveled a short distance down the road. Anderson also reported that the suspicious activity at the Sullivan residence had gone on for more than a week. He had heard during the late night and early morning hours the sound of engine noise from light and heavy trucks, which he observed departing without lights from the adjacent property. Anderson further stated that the Sullivan residence had a floodlight system the lights of which could be manually turned off but which otherwise went on and off automatically. He stated that on the nights of the suspicious activity, the lights were kept off. He stated that a sailboat had tied up at the dock on the property earlier that evening, and he believed from the starting of its auxiliary motor that it would soon depart. He described the boat as fifty to sixty feet in length with a single mast. Mr. Anderson also identified himself as a former member of the State Police.

During the course of the narrative, Trooper Davis drove his cruiser south along East Shore Road in the direction taken by the white van. He spotted the van headed toward the Jamestown Bridge. Accelerating his rate of speed, Trooper Davis overtook the van and blocked its path by pulling his cruiser across the bridge at a forty-five-degree angle. Another state trooper, Detective Esposito, who happened to be in the vicinity in his personal car, stopped his vehicle behind the van, thereby blocking off any avenue of retreat.

At this juncture Davis and Esposito approached the van, and Davis noted that it bore a Massachusetts registration containing certain digits that he had previously noted when he passed the van while going in the opposite direction. Through the closed window on the driver’s side, Trooper Davis asked the driver for his license and [260]*260registration. The driver rolled down the window, turned on the interior light, and leaned over to the right side of the van to obtain his papers. Davis, who was less than a foot from the driver’s window, became aware of an overpowering smell of marijuana with which odor he was familiar from having encountered it before in the course of police duties. He also observed from where he stood a large mattress partly covered by heavy burlap and located directly behind the driver. Trooper Davis noted that the burlap wrapping was the same color and texture as that used to cover bales of marijuana Davis had previously observed when he unloaded the contents of a van seized in connection with a recent drug arrest in North Kingstown.

The driver furnished a California license and a Hertz rental agreement that took the place of a registration. The driver, who was then identified as Keith Roberts, was placed under arrest for possession of marijuana. Trooper Davis looked into the van and was able, without lifting the mattress, to see several bales of marijuana. The truck was towed to the Wickford barracks, where it was later searched; it was found to contain twenty bales of marijuana.

The defendant Roberts moved to suppress the evidence derived from this seizure and search on the ground that the initial stop was constitutionally impermissible.

The Supreme Court of the United States has held that a motor vehicle operated on a public highway is not subject to random stops by police officers unless there is a reasonable suspicion “that either the vehicle or an occupant is otherwise subject to seizure for violation of law * * Delaware v. Prouse, 440 U.S. 648, 663, 99 S.Ct. 1391, 1401, 59 L.Ed.2d 660, 673 (1979). A similar doctrine was enunciated in respect to investigatory stops by border patrol officers in United States v. Brignoni-Ponee, 442 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975). The principle that a police officer acting from suspicion but having less than probable cause might make a seizure or stop of an individual for limited investigative purposes was first enunciated in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). In that case an experienced police officer who observed suspicious activity by three men drew the inference that they were planning a daylight robbery and that they were armed and dangerous.

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State v. Roberts
434 A.2d 257 (Supreme Court of Rhode Island, 1981)

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Bluebook (online)
434 A.2d 257, 1981 R.I. LEXIS 1258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roberts-ri-1981.