State v. Casas
| Decision Date | 22 June 2006 |
| Docket Number | No. 2003-641-CA.,2003-641-CA. |
| Citation | 900 A.2d 1120 |
| Parties | STATE v. Oscar W. CASAS. |
| Court | Rhode Island Supreme Court |
Kelly A. McElroy, Esq., for Plaintiff.
William J. Murphy, Esq., for Defendant.
Present: WILLIAMS, C.J., and GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.
The defendant, Oscar W. Casas (Casas or defendant), appeals from a judgment of conviction for possession of one ounce to one kilogram of cocaine and possession with the intent to deliver cocaine. The defendant argues that the trial justice erred by denying his motion to suppress because: (1) the police did not have a reasonable, articulable suspicion as a basis for stopping his automobile; (2) he was illegally detained in violation of his constitutional rights; (3) he was subjected to a custodial interrogation without the benefit of Miranda warnings; and (4) he signed a consent-to-search form as the result of police coercion. For the reasons stated herein, we reverse the conviction and vacate the judgment of the Superior Court.
Lieutenant David Neill (Lt.Neill) of the Rhode Island State Police testified that he became aware of Casas in 1993, in connection with drug trafficking investigations. According to Lt. Neill, he received information over the next several years concerning defendant's purported drug dealing; and, in 1999, a first-time informant, not proven reliable, advised Lt. Neill that defendant was using a house at 224 Amherst Street in Providence that was owned by defendant's wife and a friend "to hold, store, conceal and distribute * * * cocaine." As a result of this information, Neill testified that he periodically conducted surveillance, without success, at the Amherst Street address.
In January 2001, a second informant, considered to be reliable, told Lt. Neill that although he never actually had seen any drugs at the Amherst Street address, Casas was using a room in the basement to store cocaine. Lieutenant Neill also learned that defendant lived with his wife, Dora, at 262 Fruit Hill Avenue in North Providence and that he was driving a green GMC pickup truck. This informant also disclosed that defendant went to Amherst Street only to store and distribute cocaine. Lieutenant Neill testified that he conducted surveillance at the Amherst Street address "maybe three to five times" ranging from thirty minutes to "maybe two hours long." The defendant never was there.
On February 7, 2001, Lt. Neill spoke with Agent Richard Deasy (Agent Deasy) of the Immigration and Naturalization Service (INS), who told him that an INS informant who was considered reliable disclosed that a Columbian male, known only as "Oscar," was driving a green GMC pickup truck and using the Amherst Street address for cocaine trafficking. According to Agent Deasy's informant, the basement door at 224 Amherst Street was locked, defendant had the key, and the occupants of the three-story apartment building were not allowed to use the basement. This informant indicated that defendant "frequently responded to the Amherst Street address on Thursdays, Fridays, and Saturdays and Sundays for the purpose of distributing cocaine."
On February 14, 2001, through information provided by Lt. Neill, Agent Deasy's informant identified defendant as the person known as "Oscar" who allegedly was storing cocaine at 224 Amherst Street. Lieutenant Neill testified that after receiving this information, he and other State Police detectives planned to set up a surveillance of the Amherst Street address. According to Lt. Neill, "at that time probable cause was weak, but there was very strong reasonable suspicion to believe Mr. Casas * * * had cocaine in that basement."1
Later that morning, Lt. Neill spoke with Agent Deasy's informant, who told him that Casas had arrived at 224 Amherst Street, but then had left again. Within a few minutes, defendant returned to the location, stayed a few minutes, and drove away in his truck. Lieutenant Neill ordered the detectives to stop the truck. On cross-examination, Lt. Neill admitted that the only purpose of the stop was to pursue a drug investigation.
The record discloses that Detectives Michael Winquist (Det.Winquist) and Joseph Philbin (Det.Philbin) stopped the truck at the intersection of Hyatt Street and Manton Avenue in Providence. Detective Winquist pulled his unmarked Ford Explorer directly in front of defendant's truck; the detectives left their vehicle, approached defendant and ordered him out of his vehicle. They conducted a pat-down search for weapons.2 Lieutenant Neill arrived "within thirty seconds" and positioned his unmarked van to the rear of defendant's vehicle. According to Lt. Neill, at this point, defendant was in custody and not free to leave.3 Lieutenant Neill testified that he informed defendant that he was conducting a narcotics investigation and that he believed that defendant possessed cocaine. After defendant denied having cocaine on his person or at Amherst Street, Lt. Neill testified that he asked defendant for permission to search his vehicle, to which request he alleges defendant said, "Yes." The defendant's version of these events markedly differs from the officers' testimony. He testified that Lt. Neill searched him and that the other officers searched his truck without asking permission to do so.
Detective Winquist and Det. Philbin testified that the truck search took four to five minutes and was fruitless—no drugs, weapons or other contraband were found. It is undisputed that no contraband was found in the vehicle or on defendant's person; that he had a valid driver's license, had not committed any traffic infractions, was not cited for any equipment violations and was a legal resident of the United States. However, he was not released.
Both Det. Winquist and Det. Philbin testified that after the truck was searched Lt. Neill and defendant moved into Lt. Neill's van. The defendant was not placed in handcuffs. According to Lt. Neill, he invited defendant into the front seat of his van because the weather was cold. Lieutenant Neill testified that, drawing upon his experience in obtaining consent to search from persons suspected of distributing narcotics, "I always try to get a one-on-one situation to avoid" the suggestion "that there are four [or] five larger detectives or troopers around."
After agreeing that he had been "trying to get [defendant] for a long time," Lieutenant Neill testified that he again told defendant that
Although defendant did not respond, and continued looking down, Lt. Neill presented him with a consent-to-search form, asked him about his ability to read the English language, and, when defendant advised him that he read Spanish, Lt. Neill filled in the Spanish portion of the form. Notwithstanding that he had not consented, or even been asked to consent to a search of the Amherst Street address, defendant was presented with a consent-to-search form, in Spanish, that was partially filled out by Lt. Neill.
Everyone returned to Amherst Street. Detective Winquist drove his cruiser, Det. Philbin drove defendant's truck, and defendant remained in the van with Lt. Neill. The defendant signed the consent-to-search form at 224 Amherst Street. The defendant was not advised of his Miranda rights nor was he informed that he could refuse to consent to the search.
Meanwhile, a phalanx of law enforcement officers was assembled at 224 Amherst Street waiting to search the premises: Agent Deasy and another agent from INS, State Police Det. Kevin Hawkins, and Providence Police Det. Jack Whalen. They were joined by Lt. Neill, Det. Winquist, and Det. Philbin for a total of seven officers. A large amount of cocaine was found in a locked room in the basement that defendant opened by unlocking the door and removing a pin that was in the door frame. The cocaine was seized, and Lt. Neill placed defendant under arrest and advised him of his Miranda rights.
The defendant denied having drugs or money at his home on Fruit Hill Avenue in North Providence. According to Lt. Neill, when he asked for permission to search his home, defendant "said that it would be okay." The defendant was placed in handcuffs and driven to his North Providence home. However, when they arrived, defendant refused to sign the consent-to-search form until he spoke with his attorney. Lieutenant Neill was undaunted, however, not viewing that statement as a request for counsel; he also did...
To continue reading
Request your trial
-
State v. Gonzalez
...of a defendant may be valid if it is "sufficiently attenuated from the illegal police action to dissipate the taint." State v. Casas, 900 A.2d 1120, 1134 (R.I. 2006) (internal quotation marks omitted). Some of the factors which this Court takes into account when assessing whether the taint ......
-
State v. Taveras
...clearly was wrong.” State v. Parra, 941 A.2d 799, 803 (R.I.2007) (citing State v. Texter, 923 A.2d 568, 573 (R.I.2007); State v. Casas, 900 A.2d 1120, 1129 (R.I.2006)). “We will, however, conduct a de novo review of the record and independently consider whether a defendant's rights have bee......
-
State v. Gonzalez
...of a defendant may be valid if it is “sufficiently attenuated from the illegal police action to dissipate the taint.” State v. Casas, 900 A.2d 1120, 1134 (R.I.2006) (internal quotation marks omitted). Some of the factors which this Court takes into account when assessing whether the taint h......
-
State v. Terzian
...a motion to suppress evidence, the Supreme Court accords deference to a trial justice's findings of historical fact." State v. Casas , 900 A.2d 1120, 1129 (R.I. 2006) (citing State v. Aponte , 800 A.2d 420, 424 (R.I. 2002) ). However, when we are tasked with reviewing an alleged violation o......