State v. Ryder
Decision Date | 19 May 2009 |
Docket Number | No. 28448.,28448. |
Parties | STATE of Connecticut v. Gary RYDER. |
Court | Connecticut Court of Appeals |
Gary Ryder, pro se, the appellant (defendant).
Robert J. Scheinblum, senior assistant state's attorney, with whom, on the brief, were David I. Cohen, state's attorney, and Ricki Goldstein, assistant state's attorney, for the appellee (state).
GRUENDEL, BEACH and WEST, Js.
We return to the case of the large reptile discovered by police in a Greenwich home. In an earlier decision by this court, State v. Ryder, 111 Conn.App. 271, 958 A.2d 797 (2008), we noted our inability to determine whether this court has subject matter jurisdiction over the present appeal and remanded the case for further fact-finding on that question. Now that the case has returned to us from the trial court, we conclude that we do have subject matter jurisdiction. Thus, the only remaining issue requiring our attention is whether the court properly denied the motions of the defendant, Gary Ryder, to suppress the evidence obtained as a result of the warrantless search of his home and to dismiss the case. We conclude that it did and, accordingly, affirm the judgment of the trial court.
The court found the following facts in its April, 2006 memorandum of decision disposing of the defendant's motions to suppress and to dismiss:
1 State v. Ryder, supra, 111 Conn.App. at 273-74, 958 A.2d 797. The court found that the rulings on the defendant's motion to dismiss and motion to suppress were dispositive of the case for the purposes of General Statutes § 54-94a and Practice Book § 61-6(a)(2)(i)2 and sentenced him to pay a $35 fine, which he since has paid.
"On appeal, the defendant contends that the warrantless search of his house violated his right to be free from unreasonable searches and seizures pursuant to the fourth and fourteenth amendments to the federal constitution and article first, § 7, of the Connecticut constitution."3 State v. Ryder, supra, 111 Conn.App. at 274, 958 A.2d 797. In its appellate brief, the state did not address the defendant's claim but, rather, asserted that "this court lacks subject matter jurisdiction, arguing that payment of the defendant's fine prior to the hearing before this court rendered his appeal moot." Id.
We concluded, in the earlier opinion, that the defendant's appeal would indeed be moot unless he could demonstrate that payment of the fine was done involuntarily or that prejudicial collateral consequences were reasonably possible as a result of his conviction. Our rescript ordered the case remanded "for factual findings as to (1) whether facts came to light after the entry of judgment that would lead this court to conclude that there is a reasonable possibility that the defendant has suffered or will suffer prejudicial collateral consequences as a result of his conviction and (2) whether events occurred off the record that could lead this court to conclude that the payment of the fine was not done voluntarily by the defendant." Id., at 277-78, 958 A.2d 797.
On remand, in a convincing and thorough discussion of the law concerning mootness as it relates to the present case, the court determined that (1) payment of the fine was done involuntarily and (2) there exists a reasonable possibility that prejudicial collateral consequences would occur as a result of the defendant's conviction. State v. Ryder, 51 Conn. Sup. 91, ___ A.2d ___ (2009). In light of the court's conclusion, the state has conceded, and we agree, that we do have jurisdiction over the present appeal.
We therefore turn to the question of whether the defendant's fourth amendment rights were violated by the warrantless search of his home. The fourth amendment to the United States constitution provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (Emphasis added.) (Citation omitted; internal quotation marks omitted.) Payton v. New York, 445 U.S. 573, 585-86, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980).
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