In re Vannarith D.

• Decision Date: 17 May 1999
• Docket Number: No. 97-195-Appeal.,97-195-Appeal.
• Citation: 731 A.2d 685
• Parties: In re VANNARITH D.
• Court: Rhode Island Supreme Court

731 A.2d 685

In re VANNARITH D.

No. 97-195-Appeal.

Supreme Court of Rhode Island.

May 17, 1999.

Present WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

Virginia McGinn, Aaron L. Weisman, Shilpa Naik, Andrea J. Mendes, Providence, for Plaintiff.

Catherine A. Gibran, Paula Rosin, Providence, for Defendant.

OPINION

GOLDBERG, Justice.

This case came before the Supreme Court on appeal from a Family Court adjudication of delinquency stemming from charges of possession of heroin with intent to deliver in violation of G.L.1956 § 21-28-4.01 (C)(1)(a), and removal of a serial number on a firearm in violation of G.L.1956 § 11-47-24.¹ Upon a determination of delinquency, Vannarith D. (Vannarith) was sentenced to one year at the Rhode Island Training School, with an additional six-months suspended sentence. On appeal, Vannarith avers that the trial justice was in error in: (1) finding that the evidence was sufficient to sustain an adjudication of delinquency beyond a reasonable doubt; and (2) refusing to permit more extensive cross-examination of a police witness with respect to his exact surveillance location. After a careful review of the evidence, the applicable law, and the arguments of the parties, we conclude that the Family Court justice committed no error in his finding of delinquency, nor in the manner in which he limited the scope of cross-examination with respect to the officer's surveillance location.

Facts and Procedural History

On November 14, 1996, certain members of the Providence Police Department, the Federal Bureau of Investigation, and the Special Investigation Bureau (SIB) were conducting a street operation of a known drug house located on Althea Street in the Cranston Street section of Providence. The sole witness presented by the prosecution was Detective Gregory Daniels (Daniels) of the Providence Police Department. Daniels, who was personally involved in the investigation and surveillance of Althea Street, indicated that this operation was conducted in a similar manner to the typical street operations. Daniels testified that from a fixed but undisclosed surveillance position, he observed what appeared to be a series of drug transactions taking place out of the Althea Street house. As these illicit transactions were made, the "customers" were followed out of the area as far from the surveillance location as possible and frisked for possession of illegal substances. If during the frisk the individual "customer" was found to be in possession of narcotics, the individual was placed under arrest.

The following circumstances triggered the search and subsequent arrest of Vannarith at a nearby Linwood Avenue address. On several occasions, an undisclosed informant provided Daniels with information that large quantities of heroin were being stored at and sold from 131 Linwood Avenue. Also, during the surveillance of the house located on Althea Street, the police officer observed that "action was slowing down * * * which meant they ran out of drugs." Soon thereafter, individuals were observed leaving the Althea Street location and proceeding directly to the Linwood Avenue address. Within minutes, the individuals would leave Linwood and return to Althea where "business would then start up again." After observing this activity, Daniels suspected that occupants of the Linwood house could be supplying residents of the Althea house with narcotics. Relying on the information he had received from the unidentified informant concerning drug activity at the Linwood location, and his observations during the street operation, officers secured a search warrant for both the third floor apartment at 131 Linwood Avenue and the Althea Street address. Simultaneous searches were conducted. Pursuant to the warrant, Daniels, as well as approximately seven other uniformed officers, responded to 131 Linwood Avenue. Just as Daniels was to force open the door of the third-floor unit with the aid of entry equipment, a young female came to the door and the officers proceeded into the apartment. Daniels immediately observed four young males inside what appeared to be their bedroom. ² Three of the individuals were sitting on one bed, while another was sitting separately playing a video game. Daniels searched the bedroom and under a mattress, uncovered contraband which included a Raven .25-caliber pistol with an obliterated serial number, and 300 glassine packs of suspected heroin in fifty-pack increments.³ In addition, upon exiting the bedroom, Daniels discovered a white envelope containing $400 in U.S. currency on the floor at the threshold of the bedroom door. After seizing these items, Daniels questioned the four males and learned that three of the four subjects resided in the third-floor apartment of 131 Linwood Avenue. The officers then placed the subjects in the rear of the police van and transported them to the SIB office where they were given their Miranda rights. Daniels also testified that at some point prior to transporting the suspects to the SIB office, Vannarith made a statement to the effect that the tenants living on the second floor of the apartment building were responsible for the drugs.

At trial, defense counsel attempted to cross-examine Daniels with respect to the precise location of the surveillance. The trial justice determined that Daniels was not required to reveal his exact surveillance location, however, he did allow cross-examination with respect to visual obstructions such as trees or telephone poles. At the close of the evidence, Vannarith made an oral motion to dismiss, arguing that the state failed to meet its burden of proof beyond a reasonable doubt. This motion was denied as it pertained to the unlawful possession of a controlled substance with intent to deliver, and removal or obliteration of a serial number on a firearm. In denying the defendant's motion to dismiss, the trial justice found that the defendant lived in the apartment at 131 Linwood Avenue where the contraband was found, and that the drugs were located in Vannarith's bedroom under the bed on which Vannarith was sitting at the time the search warrant was executed. The trial justice determined that these facts were sufficient to establish possession of the heroin with intent to deliver. These same facts and circumstances were relied upon to sustain a finding that Vannarith was in possession of the firearm. The trial justice subsequently sentenced Vannarith to the Rhode Island Training School for a period of eighteen months with one year to serve, six months suspended, and probation until his eighteenth birthday. Vannarith raises two issues on appeal: first, that there was insufficient evidence produced at trial to establish constructive possession of the heroin or the firearm; and second, that defendant's constitutional rights were violated due to the limited scope of the cross-examination of the police officer regarding his surveillance location.

Standard of Review

In a trial heard without the intervention of a jury, the appropriate motion to challenge the legal sufficiency of the state's trial evidence is by a motion to dismiss. State v. McKone, 673 A.2d 1068, 1072 (R.I.1996). When ruling on a motion to dismiss a case tried without the intervention of a jury, the trial justice serves as a factfinder and is required to weigh and evaluate the evidence, pass upon the credibility of the witnesses, and engage in drawing inferences in favor or against either party, not only the nonmoving party. Id. at 1072-73. If after doing so, the trial justice determines that the evidence is sufficient to support a finding of guilt beyond a reasonable doubt, he or she will deny the motion to dismiss and enter a judgment of conviction. If, however, the trial justice determines that the evidence is insufficient to support a finding of guilt beyond a reasonable doubt, he or she will grant the motion and...