State v. Taveras

39 A.3d 638, 2012 WL 964924, 2012 R.I. LEXIS 28
CourtSupreme Court of Rhode Island
DecidedMarch 22, 2012
Docket2009-102-C.A.
StatusPublished
Cited by10 cases

This text of 39 A.3d 638 (State v. Taveras) 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. Taveras, 39 A.3d 638, 2012 WL 964924, 2012 R.I. LEXIS 28 (R.I. 2012).

Opinions

OPINION

Justice GOLDBERG,

for the Court.

This case came before the Supreme Court on November 80, 2011, on appeal by the defendant, Isabel Taveras (defendant or Taveras), from a judgment of conviction on one count of possession of an enumerated quantity of cocaine, for which she received a ten-year suspended sentence, with probation. On appeal, the defendant challenges the denial of her motion to suppress. The defendant alleges that the arresting police officers violated her Fourth Amendment rights when they detained her unlawfully at a traffic stop and conducted a pat-down search without a reasonable ar-ticulable suspicion that she might be armed and dangerous. The defendant also alleges that the motion to suppress should have been granted because the officers exceeded the scope of a permissible pat-down search by directing her to unzip and open her jacket. For the reasons set forth in this opinion, we affirm the denial of the defendant’s motion to suppress and the judgment of conviction.

Facts and Travel

On January 10, 2007, at approximately 10:30 p.m., two Providence police officers, Patrolman David Allen (Ptlm. Allen) and Patrolman Louis Gianfrancesco (Ptlm. Gi-anfrancesco), while on patrol on Laban Street in Providence, observed a conversion van1 without license plates, with its engine running and its lights on; there was no driver visible to the officers. As the officers drove up to the van with the cruiser’s take-down lights2 illuminated, they observed defendant — who was situated in the front passenger’s seat — bend down toward the floor and then stuff something into the left side of her jacket. The officers also confirmed that there was no driver, but they observed that a passenger was seated in the rear of the van. The record discloses that the officers exited the cruiser and approached defendant to inquire why defendant was in the area, what [641]*641defendant’s name was, who owned the vehicle, and where the driver was. Patrolman Allen asked defendant to exit the van. Once a visibly nervous defendant was outside the vehicle, Ptlm. Allen asked her to open her jacket. When she did so, a clear plastic bag, containing a significant amount of what appeared to be crack cocaine, fell to the ground. At that point, the officers seized the plastic bag and placed Taveras in handcuffs.

On May 8, 2007, a criminal information was filed against defendant and Efrain Colon.3 The defendant was charged with one count of possession of between one ounce and one kilogram of cocaine, and one count of possession with intent to deliver a controlled substance, cocaine. The defendant filed a motion to suppress tangible evidence on the grounds that the search and subsequent seizure were made “without prior judicial approval, without a warrant, without consent, or authority, and without probable cause or articulable suspicion,” in violation of article 1, section 6, of the Rhode Island Constitution and the Fourth and Fourteenth Amendments to the United States Constitution. A Superi- or Court suppression hearing commenced on November 3, 2008. The state presented the testimony of Patrolmen Allen and Gianfranceseo, and Providence Police Officer Andrew Lawton (Officer Lawton); Taveras also testified.

Patrolman Allen testified that on January 10, 2007, at around 10:30 p.m., he was on patrol with Ptlm. Gianfranceseo on Laban Street, in the Olneyville section of Providence. Patrolman Allen commented that the area surrounding Laban Street was known as a high-crime area of the city. While on patrol that evening, Ptlm. Allen observed an older Dodge conversion van parked along the street; the vehicle was running, -with its lights on. Patrolman Allen first noticed that the van did not have any plates on the front or rear bumpers.4 The officers proceeded to drive around the block in order to take a second look; they approached from the front and illuminated the police cruiser’s take-down lights to confirm that the license plates were, in fact, missing.

With the benefit of the cruiser’s lights, Ptlm. Allen testified, he noticed there was no driver present, a female was in the passenger’s seat, and there was another individual in the rear seat. The officer testified that the female passenger appeared startled when the spotlights illuminated the van; he added that she immediately “kind of ducked down in her seat and appeared to be reaching towards the floor of the passenger area.” Patrolman Allen stated that once she reappeared, he “saw her with her right hand, it appeared she was stuffing something into her [winter] jacket * * * towards her chest, maybe her left arm, and it was on the left side of the jacket.” At that point, the officers exited the cruiser and approached the passenger side of the van.

Patrolman Allen testified that he asked Taveras to exit the vehicle because he was [642]*642concerned for his safety based on defendant’s suspicious movements, and because her hands were not continuously visible to him. In response to his brief questioning, defendant told the officer that she was on a first date with a fellow named Ricardo and that the van belonged to him. Unfortunately, she could not provide the officers with the name of the man in the back seat — who was dirty and disheveled — or the last name of her date for the evening. The defendant also did not know where the driver was, other than that he had gone into one of the nearby houses. The officer testified that when defendant was answering these questions she appeared very nervous, avoided eye contact with him, and visibly was shaking.

Patrolman Allen testified that he “was concerned for safety reasons because her story didn’t seem to add up.” He noted that “[t]he gentleman in the back seat was very dirty. He looked like he had been doing manual labor for some time and he just didn’t seem to fit the picture of a first date at ten thirty at night.” The combination of defendant’s story, her nervous demeanor, the fact that it was at night, in a high-crime area, and the fact that Ptlm. Allen saw defendant stuff something into her jacket,5 prompted him to conduct a Terry-type search6 for weapons. Based on his earlier observation of defendant stuffing something into the left side of her jacket, Ptlm. Allen testified that rather than perform a traditional pat-down search, which would have required him to touch defendant’s chest area— where he saw her stuff something — he asked defendant to unzip her winter jacket. The defendant initially unzipped her jacket but attempted to keep it closed. Patrolman Allen then asked her to pull the jacket back so he could see her left side. When she did so, the officer saw something in a clear plastic bag, which then fell to the ground. The plastic bag appeared to contain a large quantity of crack cocaine. At this point, Ptlm. Allen seized the bag and arrested defendant. He also contacted a female officer to come to the scene to conduct a more thorough search of defendant’s person.

Patrolman Gianfrancesco’s testimony substantially corroborated that of Ptlm. Allen. He similarly observed defendant make a reaching motion toward the floor of the passenger area and then stuff something into the left side of her jacket. While Ptlm. Allen was questioning defendant, Ptlm. Gianfraneesco focused his attention on the rear-seat passenger, but he nonetheless was able to observe Ptlm. Allen’s interaction with defendant. Based on the circumstances at the scene and his observations, Ptlm.

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State v. Taveras
39 A.3d 638 (Supreme Court of Rhode Island, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
39 A.3d 638, 2012 WL 964924, 2012 R.I. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taveras-ri-2012.