State v. Ryder
Decision Date | 09 August 2011 |
Docket Number | SC 18411 |
Court | Connecticut Supreme Court |
Parties | STATE OF CONNECTICUT v. GARY RYDER |
The "officially released" date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ''officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ''officially released'' date.
All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative.
The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut.Rogers, C. J., and Palmer, Zarella, McLachlan, Eveleigh and Vertefeuille, Js.
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, Dina Urso, assistant state's attorney, and Ricki Goldstein, former assistant state's attorney, for the appellee (state).
The defendant, Gary Ryder, appeals1 from the judgment of the Appellate Court affirming the trial court's denial of his motion to suppress certain evidence obtained as a result of the warrantless search of his home. State v. Ryder, 114 Conn. App. 528, 969 A.2d 818 (2009). The defendant claims that the Appellate Court improperly concluded that the warrantless search of his house did not violate his right to be free from unreasonable searches and seizures. We agree with the defendant, and, accordingly, we reverse the judgment of the Appellate Court.
The opinion of the Appellate Court sets forth the following relevant facts as found by the trial court:
2
'(Citation omitted; internal quotation marks omitted.) Id., 530-33.
The record also reveals the following additional undisputed facts and procedural history. The defendant subsequently appealed to the Appellate Court from the trial court's denial of his motions to suppress and to dismiss. The Appellate Court described his appeal as claiming that ''the warrantless search of his house violated his right to be free from unreasonable searches and seizures'' under the state and federal constitutions. State v. Ryder, 111 Conn. App. 271, 274, 958 A.2d 797 (2008) . The state responded that the Appellate Court lacked subject matter jurisdiction over the appeal because the defendant had rendered the appeal moot by paying the fine prior to the hearing before the Appellate Court. Id. The Appellate Court concluded that the defendant's appeal would indeed be moot unless he could demonstrate that he had paid the fine involuntarily or that prejudicial collateral consequences were reasonably possible as a result of his conviction, and, accordingly, remanded the case to the trial court for factual findings as to those two issues. Id., 277-78. On remand, the trial court found that the defendant had paid the fine involuntarily and that there existed a reasonable possibility that the defendant would suffer prejudicial collateral consequences as a result of his conviction. State v. Ryder, 51 Conn. Sup. 91, 94, 98, 976 A.2d 116 (2009) .
In light of the trial court's findings, the Appellate Court determined that it had jurisdiction over the defendant's appeal, and it then reviewed the question of whether the warrantless search of the defendant's home had violated his right to be free from unreasonable searches and seizures under the fourth amendment to the United States constitution.3 State v. Ryder, supra, 114 Conn. App. 534-35. The...
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