Attorney Humphrey Argues DUI Case before Supreme Court

As reported in the February 28, 2014, edition of the Providence Journal, Tiverton DUI Lawyer, Robert H. Humphrey, Esq., presented an oral argument before the Rhode Island Supreme Court on February 26, 2014.

Previously, Attorney Humphrey was able to secure a dismissal of the DUI charge pending before the 2nd Division District Court in August of 2012. The Town of Little Compton Prosecution was aggrieved by the District Court Judge's decision and immediately sought an appeal to the Rhode Island Supreme Court.

The facts in the case revolve around a young Marine who was home on leave. Early Christmas Eve of 2011, his car allegedly struck a guardrail in Little Compton. Later he would be observed by members of the Little Compton Police Department running on the road towards the Town of Tiverton. After learning of the car accident, the Little Compton Police went searching for the running man in Tiverton. While in Tiverton, the Officers stopped him, questioned him, patted him down and secured him in the back of the police cruiser for transport back to the Town of Little Compton.

The issues before the Court are whether local police officers can leave their jurisdiction if not in "hot pursuit" or under the "emergency police powers" exception. Also, was he unlawfully arrested in Tiverton when the Little Compton police officers informed him "that we needed to go back to the scene" and "secured" him in the back of a police cruiser. This case is of great significance because it addresses the authority of local police to leave their jurisdiction and when a criminal suspect is under arrest.

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