Recent Blog Posts in June 2010

In its June 22, 2010 decision, the Massachusetts Appeals Court reversed the guilty verdict imposed by a Superior Court Jury which found the defendant "guilty of operating a motor vehicle while under the influence of alcohol and operating a motor vehicle after revocation of his license.  The same Jury found the Defendant guilty of operating a motor vehicle while under the influence of alcohol, fourth or subsequent offense."  The Massachusetts Appeals Court granted the Defendant's motion to suppress evidence, which included the field sobriety and breath test results, on the grounds that the Officer had conducted an unlawful extraterritorial stop and arrest of the Defendant while he was off duty and outside his jurisdiction.  After his vehicle was struck by the Defendant, the Officer did the following:  "(1) direct[ed] the defendant to step out of the vehicle; (2) direct[ed] the defendant to get back in his vehicle and to wait for the police; and (3) remov[ed] the keys from the ignition of the defendant's vehicle."  The Massachusetts Appeals Court held that the Officer's actions constituted a seizure under the 4^th Amendment to the U.S. Constitution and Article 14 of the Massachusetts Declaration of Rights.  In its analysis the Massachusetts Appeals Court 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, Commonwealth v. LeBlanc, 407 Mass. 70, 72 (1990), and, absent fresh pursuit for an arrestable offense, a police officer is generally without authority to make an arrest outside his jurisdiction. Commonwealth v. Savage, 430 Mass. at 343."

As reported in the June 16, 2010 Providence Journal, two men were involved in a "road rage" incident, which led to criminal charges.  Both men have been charged with simple assault because of an altercation on the side of the road.  The incident started when one man allegedly cut off the other.  They then drove next to each other, cutting each other off and eventually pulled over on the side of Route 24.  Both men got out of their respective cars and confronted each other.  It became physical when one man grabbed the other's arm and he retaliated with pepper spray.  Although both men were only charged with simple assault, they could have faced much harsher penalties under Rhode Island law.

Road rage can easily escalate into situations involving high speeds, unsafe driving, car crashes and police chases.  These can all lead to criminal charges of reckless driving and eluding police. 

Rhode Island General Law 31-27-4 Reckless Driving:

Any person who operates a motor vehicle recklessly so that the

lives or safety of the public might be endangered, or operates a

vehicle in an attempt to elude or flee from a traffic officer or

police vehicle, shall be guilty of a misdemeanor for the first

conviction and a felony for the second and subsequent conviction.

Rhode Island General Law 31-27-4.1 Eluding Police:

                                Any person who in an attempt to elude or flee from a police

 officer in an emergency police vehicle in a high speed pursuit

of the person, operate a motor vehicle at speeds greater than

fifteen (15) miles per hour over the speed limit or who causes

property damage only in excess of one thousand dollars ($1,000).

The penalties for violation of the eluding police statute (R.I.G.L. 31-27-4.1) include the following:

First Offense:

• Imprisonment of up to one year;
• A fine of not less than $500 and not more than $1,000;
• License suspension of not less than ninety (90) days but not more than six (6) months; and
• Forfeiture of motor vehicle.

Second and Subsequent Offenses:

• Imprisonment not less than two (2) years but not more than five (5) years;
• A fine of not less than $2,000 and not more than $5,000;
• License suspension of not less than one (1) year but not more than five (5) years; and
• Forfeiture of motor vehicle.

If you or a family member has been charged with reckless driving, eluding police or other driving related 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 by W. Zachary Malinowski, Amanda Milkovits and Tracey Breton in the June 10, 2010 Providence Journal and Kate Bramson in the June 15, 2010 Providence Journal, four police officers and one corrections officer were indicted on drug charges.  These new indictments are all part of the undercover operation known as Operation Deception, organized by the Rhode Island State Police. The original investigation led to the arrest of three police officers in March.  As the investigation continued, another police officer, a corrections officer and 19 other people were also arrested.  In total 24 people have been indicted and charged with 89 counts.  Two other suspects turned themselves in to the Rhode Island State Police following the indictments.  The Rhode Island State Police used wiretaps and electronic car monitoring during their investigation, which helped lead to the arrests. 

Two of the four police officers arrested and charged were veteran narcotics detectives from the Providence Police Department and had served in the narcotics division for fifteen years.  Both were part of an investigation in 2004 which led to more than $1 million worth of cocaine being seized.  At the time, that was the largest drug seizure in the history of the Providence Police Department. 

All 24 people were charged with drug related offenses, including conspiracy to deliver marijuana, conspiracy to deliver cocaine, possession of cocaine, harboring a drug dealer, solicitation to deliver cocaine, and possession of cocaine with intent to deliver.   The alleged drug dealer is Albert Hamlin, the brother of one of the police officers who was charged.  Hamlin is charged with 21 counts of possession with intent to deliver cocaine.  It is believed that Hamlin received protection from his brother for his drug dealing, including tipping him off about other police officers.

As reported by Katherine Gregg in the June 3, 2010 Providence Journal, the Rhode Island House voted to approve the proposed expungement bill.  Under current Rhode Island law, first time offenders are allowed to permanently seal their records after a certain period of time has passed, if they met certain statutory requirements.  The new bill would affect people who are given deferred sentences.  A deferred sentence means a defendant pleads guilty or nolo contendere (no contest), but avoids a trial.  The approved bill would automatically seal a record of someone given a deferred sentence, if that person stays out of trouble for the next five years, regardless of the crime charged. An earlier version of this bill passed, but was vetoed by Governor Carcieri in 2008.  The approved bill will now be voted on by the Rhode Island Senate.

As reported by Tatiana Pina in the May 27, 2010 Providence Journal, a Providence sex offender was charged with three new crimes, felony assault, breaking and entering and failure to notify the police of a change of address.  He broke into a woman's apartment and pulled out a knife.  The woman was able to defend herself and then forced the sex offender to leave her apartment.  The man was labeled a sex offender because of a 2003 conviction for sexual assault of a minor at gunpoint.  He served time at the Adult Correctional Institutions (ACI) before being released last summer.