State v. Werner

• Decision Date: 04 November 1992
• Docket Number: No. 90-470-C,90-470-C
• Citation: 615 A.2d 1010
• Parties: STATE v. Keith WERNER. A.
• Court: Rhode Island Supreme Court

Page 1010

615 A.2d 1010

STATE v. Keith WERNER.

No. 90-470-C.A.

Supreme Court of Rhode Island.

Nov. 4, 1992.

Stephen Dambruch, Sp. Asst. Atty. Gen., Jeffrey Greer, Asst. Atty. Gen., for plaintiff.

Richard Corley, Providence, for defendant.

OPINION

FAY, Chief Justice.

This case comes before us on appeal by the state from a trial justice's decision granting the defendant's pretrial motion to suppress certain physical evidence seized from an automobile without a warrant. The state alleges that the trial justice committed error (1) by determining that the warrantless search of the automobile mandated a suppression of evidence and (2) by determining that the defendant had established sufficient standing to contest the search of the automobile. For the reasons stated herein, we reverse the trial justice's decision regarding the suppression of evidence on the merits. In reaching the merits, we assume, without deciding, that the defendant, Keith Werner, had standing to raise the issue of the validity of the search of the subject automobile.

Shortly after midnight on May 15, 1988, the West Warwick police were notified of a disturbance at a local establishment known as Johnny Ray's Bar. Upon arriving at the scene, officers learned that two people had been shot by a male subject with what appeared to be a sawed-off shotgun. Witnesses provided the police with a description of the suspect and the vehicle he was driving, including the license-plate number. At approximately 12:30 a.m., twelve minutes after the police had first been alerted to the disturbance, officers located a 1979 Mercury Monarch matching the description and bearing the license plate of the suspect's vehicle. The Monarch was legally parked approximately one-half mile from the crime scene, and officers noticed no one in the vicinity of the car.

Sergeant Peter Appollonio arrived at the vehicle's location shortly thereafter and, after running a registration check, determined that the license plate attached to the Monarch was registered to a woman named Denina Prefontaine for an automobile listed as a 1976 Plymouth Fury. Sergeant Appollonio then approached the vehicle and observed several articles of clothing in the rear-seat compartment. From his position outside the vehicle, Sergeant Appollonio was unable to determine if anything was under the clothing. He then entered the car through the unlocked rear-passenger door and shuffled the clothing around, looking for weapons or shells. While searching the back seat with a flashlight, Sergeant Appollonio discovered a magazine and a magazine-subscription bill displaying defendant's name and a West Warwick address. Sergeant Appollonio seized both of these items and, after failing to find a weapon in the vehicle, ordered the other officers to search the surrounding neighborhood for the suspect. The officers were unable to locate the suspect at this time.

At approximately 3 a.m. police officers went to the address listed on the magazine-subscription bill, where they located defendant's sister. She informed the officers that although she did not know defendant's exact address, she believed that defendant was living somewhere on Brookside Avenue. Sometime after daybreak the police conducted a door-to-door search of Brookside Avenue but were unable to locate defendant. When the West Warwick prosecutor's office opened at 8 a.m., the police matched the name found on the magazine-subscription bill with a Division for Administrative Adjudication traffic violation that listed defendant's address as 14B Brookside Avenue. ¹ At approximately 10 a.m. police arrested defendant at 14B Brookside Avenue and during a search of the apartment seized a shotgun, shells, and other physical evidence.

The defendant was subsequently charged with two counts of assault with intent to commit murder, one count of assault with a dangerous weapon, one count of possession of a loaded shotgun in a motor vehicle, one count of possession of a loaded shotgun, and one count of possession of a firearm after having been convicted of a crime of violence. The defendant filed a motion to suppress the evidence seized from the vehicle, claiming that the warrantless search of the car violated his rights under the Fourth Amendment to the United States Constitution and article I, section 6, of the Rhode Island Constitution. The trial justice granted defendant's motion to suppress, stating that there were no exigent circumstances that justified a warrantless search of the immobilized vehicle in police custody. The state filed a timely interlocutory appeal of the trial court's ruling, and the case is now before this forum.

The Fourth Amendment to the United States Constitution, as well as article I, section 6, of the Rhode Island Constitution, protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The United States Supreme Court has used this language to establish the bright-line principle that states that searches conducted without "prior approval by judge or magistrate are per se unreasonable under the Fourth Amendment--subject only to a few specifically established and well-delineated exceptions." Katz v. United States, 389 U.S. 347, 357 88 S.Ct. 507, 514, 19 L.Ed.2d 576, 585 (1967). One of the early exceptions to the Fourth Amendment warrant requirement is the so-called automobile exception delineated by the Court in Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925). In Carroll the Court held that the warrantless search of an automobile by police officers who had probable cause to believe that the vehicle contained evidence of a crime was not unreasonable within the meaning of the Fourth Amendment. Id. at 153-56, 45 S.Ct. at 285-86, 69 L.Ed. at 551-52. The rationale underlying the Carroll exception, and all other exceptions to the warrant requirement, is the existence of some exigent circumstance that would make obtaining a warrant impracticable. Ruling that an automobile's mobility creates such an exigency, the Carroll Court reasoned that requiring police to obtain a warrant before searching a legally stopped automobile would hinder effective law enforcement since "the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought." Id. at 153, 45 S.Ct. at 285, 69 L.Ed. at 551.

The Supreme Court expanded the breadth of the Carroll exception in Chambers v. Maroney, 399 U.S. 42, 90 S.Ct 1975, 26 L.Ed.2d 419 (1970). In Chambers, law enforcement officials impounded the defendant's automobile and later seized evidence from the vehicle during a warrantless search at the police station. The Chambers Court upheld the validity of this search, stating that there was no constitutional distinction between seizing a car without a warrant and a warrantless search of the vehicle conducted after impoundment. Id. at 52, 90 S.Ct. at 1981, 26 L.Ed.2d at 428; see also Texas v. White, 423 U.S. 67, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975) (no requirement that warrantless search of a vehicle occur contemporaneously with its lawful seizure). The Court reasoned that the existence of probable cause and exigent circumstances at the time the vehicle was stopped justified the police's making either an immediate or a delayed search of the vehicle. 399 U.S. at 51-52, 90 S.Ct. at 1981, 26 L.Ed.2d at 428.

Prior decisions of this court have evidenced our reluctance to follow the Chambers 's extension of the automobile exception. See State v. Chiellini, 557 A.2d 1195 (R.I.1989); State v. Benoit, 417 A.2d 895 (R.I.1980). In Benoit, we invalidated the warrantless search of an automobile four hours after police had lawfully seized the vehicle. We justified our departure from Chambers and Supreme Court precedent by exercising our right as final interpreters of state law "to impose higher standards on searches and seizures than required by the Federal Constitution." 417 A.2d at 899 (quoting Cooper v. California, 386 U.S. 58, 62, 87 S.Ct. 788, 791, 17 L.Ed.2d 730, 734 (1967)). We noted that although Supreme Court holdings controlled questions of federal constitutional law and established the minimum level of constitutional protection against unreasonable search and seizure, a state constitution may be interpreted to afford greater protection to citizens of that state. Although the Fourth Amendment and article I, section 6, of the Rhode Island Constitution are textually identical, we found that the Chambers decision did not reflect the guiding principles underlying article I, section 6. "Only if circumstances render procurement of a warrant impracticable, and if the needs of society demand swift action, does art. I, sec. 6, permit the temporary, limited infringement of an individual's right of privacy." Benoit, 417 A.2d at 901. Because the police had impounded the defendant's vehicle, we ruled that there were no exigent circumstances that made the obtainment of a warrant impracticable. "At the time the police searched the vehicle, it was no longer mobile and the applicants' privacy interest had regained its paramount importance. That interest should have been infringed only upon the authorization of a neutral magistrate." Id.

A motivating factor in our departure from Chambers was the apparent inconsistency in Supreme Court case law at the time we decided Benoit. As noted in Benoit, we believed that "The Chambers analysis has clearly been eroded, if not rejected by the more recent cases of United States v. Chadwick, 433 U.S. 1, 97 S.Ct 2476, 53 L.Ed.2d 538 (1977), and Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979)." 417 A.2d at 900 n.1. In rejecting the Chambers delayed-warrantless-search rule, we reviewed these two current Supreme Court decisions that justified the warrantless seizure of movable luggage or other closed containers but prohibited the police from searching such containers without a warrant. Id.; see ...