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State v. Ceraso12/27/2002
This case came before the Court for oral argument on December 9, 2002, pursuant to an order that had directed both parties to appear in order to show cause why the issues raised in this appeal should not summarily be decided. After considering the arguments of counsel and the memoranda filed by the parties, we are of the opinion that cause has not been shown and shall proceed to decide the appeal at this time.
Facts and Procedural History
After a non-jury trial in the Superior Court, defendant, Vincent A. Ceraso (defendant), was convicted of driving while intoxicated in violation of G.L. 1956 § 31-27-2. Judgment was entered and he was sentenced to serve the minimum mandatory sentence required by law. *fn1 On appeal, he asserts that the trial justice erred in denying his motion to suppress for lack of jurisdiction on the part of the Newport police to arrest him in neighboring Jamestown.
The following facts essentially are undisputed. In the early hours of February 14, 2000, Newport police officer, Sergeant Richard Field (Sgt. Field) obeyed a direction by his superior officer, Lieutenant Turano, to respond to a roll-over accident that had just occurred near the toll booths on the Jamestown side of the Newport Bridge. Sergeant Field promptly responded and arrived at the scene simultaneously with the State Police. Upon arrival, Sgt. Field immediately observed a scene of absolute chaos. There were police and rescue vehicle units present from both Jamestown and Newport, all of which had their emergency lights activated. The accident had completely blocked off the eastbound traffic from Jamestown and, because the toll booth operators had not stopped the flow of traffic onto the bridge from Jamestown, the eastbound lanes had backed up and were at a complete standstill between the toll booths and the accident scene. Even the Jamestown police cruisers were blocked in by the traffic and were prevented from gaining vehicular access to the accident scene.
Sergeant Field approached State Police Trooper Paul Conlon who informed him that the state police would manage the accident scene itself. Sergeant Field then met with Sergeant Donovan (Sgt. Donovan) of the Jamestown police and offered his assistance. They discussed the gravity of the situation and acknowledged that because the circumstances involved a roll-over, gasoline would leak onto the bridge thereby creating a very hazardous situation. To avoid a potential catastrophe, it was crucial to evacuate all the vehicles trapped between the toll booths and the accident scene as quickly as possible. They decided that the most efficient way of easing the gridlock and securing the safety of all those present would be to establish a roadblock further up the bridge on the westbound side, and then to direct eastbound traffic to bypass the accident using the soon-to-be-traffic-free westbound side of the bridge. The only police cruiser available to implement this evacuation plan belonged to Sgt. Field, so he told Sgt. Donovan that he would set up the necessary roadblock.
At approximately 2 a.m., Sgt. Field set up the planned roadblock by positioning his police cruiser at a right angle to the guard rail on the westbound side of the bridge at a location above the scene of the accident. His vehicle blocked most of the inside lane and partially blocked the outside lane. In addition to the vehicle's flashing overhead lights, Sgt. Field also used a flashlight to warn all westbound approaching vehicles to stop. Sergeant Field maintained constant radio contact with Lieutenant Kliever (Lt. Kliever), also a Newport police officer (who had come to the bridge), in order to apprise Sgt. Donovan and Lt. Kliever of the status and safety of the operation. *fn2
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