State v. Usenia

599 A.2d 1026, 1991 R.I. LEXIS 157, 1991 WL 241697
CourtSupreme Court of Rhode Island
DecidedNovember 18, 1991
Docket89-587-C.A.
StatusPublished
Cited by27 cases

This text of 599 A.2d 1026 (State v. Usenia) 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. Usenia, 599 A.2d 1026, 1991 R.I. LEXIS 157, 1991 WL 241697 (R.I. 1991).

Opinion

OPINION

SHEA, Justice.

This matter comes before the Supreme Court on the defendants’ appeals from judgments of conviction in Superior Court of robbery following a jury trial. We affirm.

*1028 Around 7:30 o’clock on the evening of December 15, 1986, Cumberland police officer Paul Rocheleau observed a white Mercury Monarch traveling slowly through the parking lot of the Ann & Hope in the Valley Falls section of Cumberland. The officer noticed that the car had a rear Rhode Island license plate, No. ZF 280, but did not have a front license plate. The officer also observed that the operator of the car was a black male and that the passenger in the front seat may have been a black male as well. The back seat held one passenger, a white male with blonde spiked hair.

As the car continued to cruise the parking lot, the officer called in for a registration check on the car. The registration check revealed that the license plate the officer observed on the white Mercury belonged to a red Oldsmobile. The officer attempted to stop the vehicle but lost sight of it because of the heavy traffic.

A few moments later Officer Rocheleau was called to report to the scene of a purse snatching at Paul’s Liquor Store which is located only one-half mile from the Ann & Hope in Cumberland. The victim of the purse snatching told the officer that she had been approached by a black male and a white male, the black male wearing a black cap and the white male having spiked hair. After the black male had reached into the victim’s car and taken her pocketbook, the two perpetrators ran from the scene and fled in a white car.

Richard Dube (Dube), the victim in the instant case, was working at the Pizza Man Restaurant in Cumberland on the evening of December 15, 1986. This restaurant is located less than a mile from the Ann & Hope in Cumberland. At approximately 8:15 p.m. Dube saw three customers enter the restaurant. Two white males approached the counter and asked to see a menu. The white males were about five feet, seven inches tall and weighed around 140 pounds. They both wore black leather jackets. One wore a red T-shirt under the jacket and the other wore a white T-shirt under his jacket. Dube testified that the white males looked similar. The other customer, a black male, went into the seating area of the restaurant.

One of the white males asked Dube what size rolls the restaurant served. Dube went into the kitchen, got the rolls, and showed them to the customers. The two white males ordered eggplant grinders. As Dube looked down at the cash register to ring up the price of the sandwiches, he was struck in the head. He fell to his knees, and his glasses fell off. While on the ground Dube covered his head with his hands and was struck by a different object. This second blow hit his left index finger. Next Dube ran to the kitchen, intending to call the police. However, he saw one of the white men jump over the counter and reach for the cash register. Dube was able to discern a red T-shirt and a leather jacket on the white male even though he did not have his glasses on. Since he was frightened, Dube fled from the restaurant and called the police from a neighborhood bar called the Fillibuster Club.

Officer Rocheleau went to the Fillibuster Club and spoke with Dube before Dube was taken to the hospital. Dube told Officer Rocheleau that he had been robbed by two white males and one black male while he worked at the Pizza Man Restaurant. Officer Rocheleau, remembering the occupants of the vehicle he observed earlier in the evening in the Ann & Hope parking lot, asked Dube if the attackers could have been two black males and one white male. Dube replied “yes” before being transported to Pawtucket Memorial Hospital. At that point Rocheleau radioed headquarters to put out a broadcast for the white Mercury Monarch, license No. ZF 870, that he had observed earlier in the Ann & Hope parking lot.

Next Officer Rocheleau went to the Pizza Man Restaurant and observed the following: blood was on the floor of the restaurant and the telephone receiver was off the hook. The cash register was smashed and coins were spread about the floor. No money was left in the cash register. A rock lay on the floor behind the counter. Fingerprints were found on the cash register.

*1029 Meanwhile in Providence Officer Joseph Lennon of the Providence police department heard the radio broadcast concerning the white Mercury Monarch. A short time later Officer Lennon observed a car that fit the broadcast description and pulled the car over. The car contained five individuals, two black and three white, and a roll of pennies and a metal-tipped stick. The individuals were taken into custody by police. Later that evening Dube identified pictures of both Richard and Alexander Usenia as representing two of the individuals who had robbed him that evening.

The defendants, Richard and Alexander Usenia, both raise the first issue discussed in this opinion. The remaining issues are raised only by defendant Richard Usenia.

I

First, Richard and Alexander Usenia assert that their arrest by Providence police was illegal because the officers lacked the required probable cause on which a war-rantless arrest must be based.

The defendants argue that Officer Ro-cheleau’s questioning of the victim, Richard Dube, immediately after the attack did not reveal any facts that would allow the officer to make a reasonable connection between the robbery at the Pizza Man Restaurant and the car that the officer had observed earlier that evening in the Ann & Hope parking lot. The defendants buttress this assertion by pointing out that when Dube was first questioned after the incident, he related that his attackers were two white men and one black man. This fact directly conflicts with Officer Rocheleau’s observation that the car in the Ann & Hope parking lot contained one white man and two black men. The Usenias urge that Officer Rocheleau had no reason to suspect that the occupants of the white Mercury Monarch had been involved in illegal activity at the Pizza Man Restaurant. Therefore, Officer Rocheleau had no probable cause to issue a broadcast for the car and the subsequent arrest was illegal. Hence the identifications made pursuant to the arrest, according to defendants’ argument, must be suppressed.

The state argues that ample facts were established at trial that would allow Roche-leau to find a sufficient relationship between the occupants of the car in the Ann & Hope parking lot and the individuals who robbed the Pizza Man Restaurant to establish probable cause. Thus, the state asserts, the identifications made after defendants’ arrest were properly admitted at trial.

We have repeatedly defined probable cause to arrest as “consisting of those facts and circumstances within the police officer’s knowledge at the moment of arrest and of which he had reasonably trustworthy information that would warrant a reasonably prudent person’s believing that a crime has been committed and that the prospective arrestee had committed it.” State v. Travis, 568 A.2d 316, 320, (R.I.1990); State v. Brennan, 526 A.2d ,483, 485 ((R.I.1987); State v. Adams,

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Bluebook (online)
599 A.2d 1026, 1991 R.I. LEXIS 157, 1991 WL 241697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-usenia-ri-1991.