Posts tagged with "arrest"

Protective Orders and Domestic Violence: Full Hearings Offer Expedited Justice

Next week, the Connecticut Supreme Court will officially release an opinion holding that people accused of domestic violence crimes will be entitled to an evidentiary hearing “within a reasonable time” before a full protective order would continue to restrain them from their homes – and from their children – while criminal proceedings are ongoing. Very often, in the context of divorce proceedings, an unfortunate occurrence will result in the arrest of one spouse or the other, with the result that a party is temporarily removed from the marital residence to protect the victim (and perhaps the children) from a threat of violence. However, whereas criminal defendants were and are always entitled to the presumption of innocence as well as a full evidentiary, adversarial proceeding to determine guilt or innocence (a trial), those individuals who are removed from the home by way of a criminal protective order were often not given the same opportunity for a “hearing,” beyond the limited oral argument of a defendant’s attorney and the opposition from the State’s Attorney and the Office of the Victim’s Advocate. Now, in the matter of State v. Fernando A., (SC 18045), the Supreme Court of this state has held that our statutes do indeed afford subjects of a protective order the right to a full evidentiary hearing, with witnesses and cross examination, “within a reasonable time” – so long as the defendant’s attorney timely requests such a hearing. This mechanism will serve to insure that full protective orders are properly issued only in cases in which imminent physical harm indeed faces a spouse or children within a household. While requiring an additional expenditure of judicial resources, these hearings (for so often as they are requested and not waived by defendants), should also act to minimize those regrettable cases where spouses initiate criminal proceedings in bad faith or upon false claims, in order to gain leverage in pending or future divorce proceedings. Whether by protecting the victims of abuse or by protecting those accused of the same, adversarial evidentiary hearings are the cornerstone of our judicial system. Those in contact with the system, under any circumstances, should be confident that their legal advisors are well-versed in the law and familiar with recent case developments.

If you have any questions about this posting or confidential inquiries concerning the subject matter, please contact Attorney H. Daniel Murphy at hdmurphy@mayalaw.com.
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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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State’s High Court Finds Drug Offense Convictions Proper Where Defendant Constructively Possessed Narcotics and Cannabis in His Wife’s Car

In a recent criminal law matter, the Supreme Court of Connecticut held, in part, that the State presented sufficient evidence to convict the defendant of drug possession charges under the theory of constructive possession.

This case arose from an incident that occurred on September 18, 2007. Narcotics officers initiated a valid traffic stop of the defendant, who was driving his wife’s vehicle with a friend in the passenger seat. The defendant avoided answering questions and “began nervously placing his hands inside his sweatshirt pockets and under his clothing.” The officer became concerned for his safety and ordered the defendant to keep his hands visible, but the defendant refused and a physical altercation ensued. During the struggle, a white package fell from the defendant’s pocket to the ground. It contained five wax folds that held a white powdery substance consistent with heroin.

The defendant was placed under arrest, and a subsequent search of his person revealed rolling papers and $552 in cash. While being brought to the patrol car, the defendant twisted out of the officers’ grip, lunged for the package and swallowed it, then “laughed at the officers and said, ‘gotcha.’” After both the defendant and his friend were placed in the cruisers, a search of the vehicle revealed two bags of crack cocaine and three bags of marijuana located in the center console.

The defendant was subsequently convicted of possession of narcotics, possession of a controlled substance, interfering with an officer, and tampering with physical evidence, in violation of Connecticut General Statutes §§ 21a-179(a), 21a-279(c), 53a-167a, and 53a-155. On appeal, the defendant argued, in part, that the court “improperly applied the doctrine of nonexclusive possession,” resulting in insufficient evidence to convict him of the possessory offenses.

In a case where the State cannot provide direct evidence of drug ownership, they must present a theory of nonexclusive possession. In other words, to prove illegal possession, the State must establish that “the defendant knew the character of the substance, knew of its presence and exercised dominion and control over it.” This theory is most often set forth where the drugs were not located on the defendant’s body, but in other areas, such as his home or vehicle. However, where the defendant is not in exclusive control of the premises (for example, there are other vehicle occupants), it is improper to infer that the defendant “knew of the presence of [the substances] and had control of them, unless there are other incriminating statements or circumstances tending to buttress such an inference.”

In this case, the Supreme Court determined that the theory of nonexclusive possession was properly exercised, and a jury could have reasonably concluded that the drugs belonged to the defendant. The defendant was driving the vehicle belonging to his wife, which made it more likely that he, not the passenger, was aware of the drugs in the center console. Drugs and related items were found on his person, making it more likely the cocaine and heroin belonged to him rather than his wife or the passenger. Finally, medical records revealed that on the day of the incident, a urinalysis revealed the presence of cocaine and opiates in his system. Therefore, there was sufficient evidence to convict the defendant of the possessory counts, and the judgment was affirmed.

When faced with a charge for possession or distribution of controlled substances, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-211-3100 or at JMaya@Mayalaw.com.

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Court Suppresses Evidence After MTAPD Illegally Arrested DUI Suspect, Citing Jurisdictional Limitations

This April, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Norwalk granted a defendant’s motion to suppress evidence collected after officers with the Metropolitan Transit Authority Police Department (MTAPD) illegally arrested him. However, the court declined to suppress evidence gathered prior to the arrest.

In this case, two MTAPD officers (officers) were traveling along I-95 North in Westport at 2:20am when they witnessed a motor vehicle traveling at a high rate of speed in the leftmost lane. This vehicle repeatedly forced other cars into the center lane, drove over the left solid white line, and abruptly crossed into the other lanes. The officers initiated a traffic stop, though the vehicle stopped partially in an entrance ramp onto I-95. One of the officers approached the passenger side of the vehicle and saw the defendant as the only occupant. When instructing the defendant to move his car to a safer location, the officer observed the strong odor of alcohol and the defendant’s bloodshot eyes. After backup was requested, the officers asked the defendant for his identification, but he instead spontaneously stated that his license was suspended.

At 2:45am a State trooper (trooper) arrived on the scene, and the MTAPD officers conducted several field sobriety tests, all of which the defendant failed. The defendant was placed under arrest by the officers, who transported him to Westport’s police department for a breathalyzer test. At this point, the trooper was no longer involved. At the police department, the defendant refused to submit to a breath test, and was subsequently charged with operating a motor vehicle while under the influence (OMVUI). However, he moved to suppress all evidence, arguing it was inadmissible because the officers illegally arrested him, and filed a motion to dismiss.

Police officers have the power to arrest within their respective jurisdictions, pursuant to General Statutes § 54-1f(c). MTAPD officers are considered Railroad Police Officers, and their enforcement powers are generally limited to railroad property (except in the case of pursuit). An arrest made outside the statutory parameters is illegal, and the typical remedy is to suppress the evidence obtained as a result of the illegal arrest. The purpose of this exclusionary rule is to ensure that a defendant receives a fair trial. However, an illegal arrest does not outright bar a State from pursuing charges against a defendant, and evidence may still be admissible if acquired “by means sufficiently distinguishable to be purged of the primary taint.”

In this case, the Superior Court wrote that because I-95 is not railroad property, and the officers were not effectuating their jurisdictional arrest powers as authorized under statute, they did not have authority to arrest the defendant. Therefore, the arrest in this case was illegal, and the Court agreed that all evidence obtained after the defendant was taken into custody, including his refusal to submit to a breath test, could be suppressed. However, the Court found that the evidence obtained prior to arrest was admissible. The MTAPD officers initiated an investigatory stop, which did not violate § 54-1f(a), and the presence of the trooper, whose jurisdiction includes interstate highways like I-95, rendered administration of the field sobriety tests proper. Therefore, the Court granted in part and denied in part the defendant’s motion to suppress evidence, and denied his motion to dismiss.

When faced with a charge of operating a motor vehicle while intoxicated (a.k.a. driving under the influence), an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

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