State v. Dearmas2/13/2004
2001) (quoting DiStefano, 764 A.2d at 1161). The phrase noscitur a sociis translates literally from the Latin as "it is known by its associates." Allstate Insurance Co. v. Russo, 641 A.2d 1304, 1307 (R.I. 1994). The doctrine of noscitur a sociis is similar to, but broader than the doctrine of ejusdem generic. Industrial National Bank v. Sefsick, 92 R.I. 93, 100, 166 A.2d 417, 420-21 (1961). The latter rule of construction provides that when "a series of specific terms in a statute is followed by a general term * * * the general term, will be construed to embrace only additional examples of a similar nature as those enumerated." First Republic Corp. of America v. Norberg, 116 R.I. 414, 419, 358 A.2d 38, 41(1976).
Here, Rule 41(h) defines property as "documents, books, papers and any other tangible objects." The general term, therefore, is "other tangible objects." Applying the doctrine of noscitur a sociis, we associate the phrase "other tangible objects" with the preceding words "documents," "books," and "papers." Recognizing that these terms "take color from each other," Sefsick , 92 R.I. at 100, 166 A.2d at 421, we cannot construe the rule, as written, to include blood samples or other bodily fluids because of the radically different character of the specified inanimate objects from bodily fluids seized from living human beings.
We reach this same result when we apply the narrower doctrine of ejusdem generis, which instructs us to interpret "tangible objects" as embracing only evidence that is of a similar nature to "documents, books, papers." Given the obvious distinctions and differences between "documents, books, papers" and bodily fluids such as blood, we refuse to include blood samples involuntarily extracted from living human beings as falling within the definition of "tangible objects" in Rule 41(h). Blood seized from a living human being is simply not an additional example of a tangible object "of a similar nature as those enumerated" in the preceding clause of the Rule ("documents, books, papers").
The petitioner finally argues that even if the Superior Court had the authority to issue a search warrant authorizing the state to seize a sample of his blood, such a warrant would violate the Rhode Island Constitution's privilege against self-incrimination. See R.I Const. art. 1, sec. 13 ("No person in a court of common law shall be compelled to give self-criminating evidence."). Citing to one of the separate opinions in DiStefano, 764 A.2d at 1171 (Flanders, J., concurring in part and dissenting in part), the petitioner urges us to interpret the language used in the constitution's Art. 1, sec. 13 self-incrimination privilege as affording greater protections to individual defendants than the corresponding but differently worded federal constitutional privilege. Given our ability to resolve this case on the basis of statutory interpretation, however, we have no need to reach and decide this constitutional question. In any event, because the petitioner failed to raise this constitutional issue below, we "will not consider an issue raised for the first time on appeal that was not properly presented before the trial court." Bouchard v. Clark, 581 A.2d 715, 716 (R.I. 1990). For these reasons, we do not address the merits of the petitioner's self-incrimination claim.
Conclusion
In sum, we hold that the word "property" in § 12-5-2 does not include blood samples seized involuntarily from criminal defendants or suspects. We also refuse to interpret Rule 41 in a manner inconsistent with § 12-5-2 and in contravention of our rules of statutory construction. And given the property-seizure limitation on the issuance of warrants under § 12-5-2, we also hold tha
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