 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Werner6/5/2003
er the circumstances of this case and the facts known to the police when they arrived at the apartment building at 14 Brookside Avenue, West Warwick, they had every reason to believe that an armed and dangerous fugitive was hiding in the building, that he would escape if given a chance, and that he was capable of violent and irrational conduct unless they arrested him immediately.
Consequently, we are of the opinion that the arrest of Werner was based upon ample probable cause to believe that he was guilty of the shooting of Messrs. Stoddard and Burton, as well as an assault upon McGonigle, and also upon exigent circumstances that justified an arrest without a warrant. We conclude that there was no violation of the principles enunciated in Payton, even assuming, without deciding, that the arrest of Werner was associated with a constructive entry into the apartment building on Brookside Avenue, West Warwick. The defendant's argument on this issue cannot prevail.
B. The Seizure of Evidence from the Apartments at 14A and 14B Brookside Avenue
The defendant contends that the evidence obtained from both apartments at Brookside Avenue (14A-the empty apartment and 14B-the fully-furnished apartment) should have been suppressed. The state counters this argument by pointing out that the evidence seized from Apartment 14B was obtained by virtue of a search warrant issued by a justice of the Superior Court based upon probable cause set forth in an affidavit executed by Det. Robert H. Sylvesta under oath. The contents of the affidavit are as follows:
"ON THE DATE OF 5-15-88 SUNDAY MORNING AT THE TIME OF 0:09 HRS THE POLICE WERE CALLED TO 23 CRAWFORD ST. JOHNNY RAYS BEEF AND BREW, ON A REPORT OF A MAN WITH A GUN, ON ANOTHER CALL IT WAS LEARNED THAT SHOTS HAD BEEN FIRED, WHEN THE POLICE ARRIVED AT THE SCENE, IT WAS LEARNED THAT TWO MEN HAD BEEN SHOT THEY ARE IDENIFIED AS LOREN STODDARD, MICHAEL McGONIGLE, IT WAS LEARNED FROM WITNESSES AT THE SCENE, THE SUBJECT WITH THE GUN HAD FLED THE SCENE IN A SILVER AND BLACK MERCURY AND THE SUSPECT WAS IDENIFIED AS BEING TALL WITH SHORT HAIR.
THE SUSPECT VEHICLE WAS LOCATED A SHORT DISTANCE FROM THE SCENE OF THE SHOOTING AND PAPER WITH THE NAME OF KEITH WERNER WAS LOCATED INSIDE, WITH THE NAME AND ADDRESS ON SEVERAL PAPERS.
AT THE TIME OF 5-15-88 10:30 AM, DET. SGT. ROSSI, CHIEF VENTURA DETS. SYLVESTA, O,CONNELL , SANTOS SGT. APPOLLONIO AND PTLM[.] DICARLO, RESPONDED TO 14-B BROOKSIDE AVE. AND THE SUSPECT WERNER WAS TAKEN INTO CUSTODY, SUSPECT WERNER ALSO WANTED ON A NEW YORK CITY WARRANT.
BASED ON A DESCRIPTION GIVEN BY WITNESSES AT THE SCENE OF THE SHOOTING, IT APPEARS THE SUSPECT WERNER AND THE MAN WITH THE GUN, ARE ONE IN THE SAME.
IT SHOULD BE FURTHER NOTED, ON THE DATE OF MAY 15, 1988 AT THE TIME OF 10:30 AM WHILE EFFECTING THE ARREST OF WERNER FOR THE OUTSTANDING WARRANT ISSUED BY THE CITY OF NEW YORK, A 1974 CHEV. MONTE CARLO COLOR BLACK, R.I. REG. SX-336 WAS OBSERVED PARKED IN THE DRIVEWAY OF 14-B BROOKSIDE AVE. OWNER RAY NEGLEY STATED THAT HIS CAR HAD BEEN SHOT WITH A SHOTGUN."
The defendant argues that this warrant constituted the fruit of an illegal arrest in that the establishment of probable cause set forth in the affidavit depended on material the police learned in the course of the arrest. We already have determined that the arrest was not illegal. This alone would be a basis for rejecting defendant's argument on this issue.
However, even if defendant's argument had merit on the illegality of the arrest, we still would hold that the affidavit establishes ample probable cause based upon facts learned before the arrest. The identification
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Rhode Island DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|