Recent Blog Posts in July 2010

As reported by Michael McKinney in the July 21, 2010 edition of the Providence Journal, a sexual assault trial involving four URI students began.  Two male students are charged with first degree sexual assault "by force and coercion."  The alleged victim is a fellow URI student and the alleged incident occurred at a party in a residence hall on URI campus.  In an interesting twist, a female URI student was also charged with first degree sexual assault in connection with this case, but her case has not yet gone to trial. 

In July of 2010, Rhode Island DUI and Alcohol Offense lawyer, Robert H. Humphrey, used his over fifteen (15) years of legal experience as both a Prosecutor and Defense Attorney to have a Bristol Police procurement of alcohol for minor charge dismissed before the 6^th Division District Court.

As reported by Amanda Milkovits in July 13, 2010 edition of the Providence Journal, a Massachusetts man was in an unusual car accident.  The man went the wrong way on a one way street and then ignoring signs, went through a construction zone and off a bridge "that wasn't there."  The man's car went off the ramp that used to allow access to Route 195.  A construction crew had been dismantling the old bridge and it no longer existed. The car fell more than 10 feet onto another construction site and was badly damaged.  At the scene of the accident, the driver failed a field sobriety test and refused a chemical breathalyzer test.  He was charged with Refusal and traffic violations, including driving the wrong way. 

In its June 22, 2010 decision the Massachusetts Appeals Court in Commonwealth v. Limone reversed the Defendant's conviction for a fourth or subsequent drunk driving offense and held that "a police officer's power to make a warrantless arrest is generally limited to the boundaries of the jurisdiction in which the officer is employed, and, absent fresh pursuit for an arrestable offense, a police officer is generally without authority to make an arrest outside of his jurisdiction.  Outside his jurisdictional boundaries, a police officer stands as a private citizen, and, if not in fresh and continued pursuit of a suspect, an arrest by him is valid only if a private citizen would be justified in making the arrest under the same circumstances.  In this case the defendant was suspected only of a misdemeanor motor vehicle offense.  It was subsequent investigation that disclosed the defendant had been convicted on at least six prior occasions of operating while under the influence of liquor.  Thus, the seizure of the defendant was unlawful.  The remedy for such an unlawful stop and arrest is exclusion of the evidence under the 'fruit of the poisonous tree doctrine.'  In this case, since the only evidence would have not been obtained but for the unlawful stop and subsequent arrest the judgments are reversed, the verdicts are set aside and judgments are to be entered for the defendant."

The Limone decision is based in large part upon the Massachusetts Supreme Judicial Court's 1990 decision in Commonwealth v. LeBlanc in which the Court held that a police officer had no authority to make a warrantless arrest outside of his jurisdiction when the offense for which he pursued the motorist across the jurisdictional boundary was a non-arrestable traffic violation.  In addition, the Court held that the police officer had no authority to pursue and stop a motorist over the boundary of the officer's jurisdiction in order to deliver a citation for a non-arrestable traffic violation.

In any drunk driving case a question may arise as to whether the arresting officer had authority to apprehend the suspected drunk driver in another jurisdiction.   In Rhode Island the statutes controlling extraterritorial warrantless arrests are R.I.G.L. 12-7-19 (Arrest after close pursuit by officers from cities or towns) and R.I.G.L. 45-42-1 (Emergency police power).  The close pursuit statute states that "any member of a municipal peace unit of another city or town of the state who enters any city or town in close pursuit, of a person in order to arrest him or her for a violation of the motor vehicle code in the other city or town and continues within any city or town in close pursuit, shall have the same authority to arrest and hold the person in custody as members of the municipal peace unit in any city or town."  The intent of the close pursuit statute is to allow a police officer from one Rhode Island community to enter into another Rhode Island community if in close pursuit of a suspect for an arrestable offense.  The intent of the statue was upheld in the 2001 decision of the Rhode Island Supreme Court in State v. Kinder.  In Kinder, the Court held that "based on the totality of the circumstances, town police officer had probable cause to arrest defendant within town and to charge him with reckless driving, and thus, officer had authority to closely pursue defendant into nearby city to make the same arrest, under statute authorizing out-of-jurisdiction arrest after close pursuit, where officer observed the defendant driving 65 miles per hour (mph) in a 25 mph zone and move from traveling lane to passing lane without signaling, narrowly avoiding collision with another vehicle."

The emergency police powers statute states that "when the police chief of a city or town within the state or his or her designee requests emergency police assistance from another police department within the state, the officers responding to the request shall be subject to the authority of the requesting chief and have the same authority, powers, duties, privileges, and immunities of a duly appointed police officer of the city or town making the request, until the requesting chief of police discharges and releases the assisting police officers to their own departments."  The intent of the emergency police powers statute was upheld in the case of State v. Ceraso, in which a Newport police officer was instructed by his superior officer to respond to a roll-over accident that had occurred on the Jamestown side of the Newport Bridge.  Upon his arrival, the Newport police officer "observed a scene of absolute chaos."  After setting up a roadblock, the Newport police officer observed a vehicle, driven by Mr. Ceraso, fail to obey  his command to stop at the roadblock and the vehicle sped by him in an erratic manner.  Subsequently, Mr. Ceraso was stopped by another Newport police officer and arrested for drunk driving.  The Rhode Island Supreme Court in upholding the drunk driver's conviction held that the "officer was justified in stopping the vehicle pursuant to the emergency police power exception to the general rule that the authority of the local police department is limited to its own jurisdiction."

In both Massachusetts and Rhode Island drunk driving cases the question of extraterritorial warrantless stops and arrests are always an important issue and may be fatal to the State's prosecution of these serious cases.  If you or a family member have been charged with drunk driving, refusal to submit to a chemical test or other driving related violations please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

As reported in the July 1, 2010 Providence Journal, the Rhode Island General Assembly passed a new law focused on date rape.  "Date Rape" refers to a specific type of sexual assault.  Sometimes drugs are used to alter the victim physically or mentally, making it easier for the sexual assault to occur.  The new bill makes it a felony for a person to distribute a controlled substance to another person without their knowledge with the intent to commit a crime of violence against that person.  Even if the perpetrator does not actual commit the crime of violence, he/she can be convicted under the new law.  If convicted, a person can face up to ten (10) years in prison.

The bill was proposed over two years ago and based on a real situation that happened in Warwick, RI.  A man put a drug into a woman's drink, but luckily, her friends witnessed his actions.  The man was then detained until police arrived. However, the police had to let the man go because at the time no crime had been committed.

If you or a family member have been charged with rape, sexual assault or other sex crimes please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

As reported in the July 1, 2010 Providence Journal, Governor Carcieri signed the Colin B. Foote Bill into law.  The bill, named after accident victim, Colin Foote, is designed to keep habitual traffic offenders off of the roads.  In May 2010, Foote was hit and killed by a woman who had 27 moving vehicle violations.  Her moving violations included 13 speeding tickets and 8 warnings.    Under the new law, motorists who are convicted of four (4) moving violations in an 18 month period can be labeled as "habitual offenders." Speeding, using the breakdown lane for travel, disobeying stop signs, failure to use a turn signal, and aggressive driving are all types of moving violations under the new law.  

In addition to being labeled "habitual offenders", a motorist's license can be suspended for up to one (1) year or it may be revoked.  Additional penalties include a fine up to $1,000, sixty (60) hours of community service and sixty (60) hours of driver retraining.