State v. Gary Santos, 64 A.3d 314

Officer Dolock stopped a vehicle speeding ~20 mph over limit on Route 1 in South Kingstown (approx. 8:30 p.m.).
Bullets and what appeared to be a gun butt were seen in the front area of the vehicle during a view into the car from the driver’s side; a strong odor of alcohol was detected from Santos.
Santos denied possessing weapons, behaved unusually, exited the vehicle, and was handcuffed for safety after a brief pat-down revealed a knife.
Officer Dolock conducted a search of the vehicle for weapons while Santos was in the cruiser, uncovering loose bullets, a gun butt, and ultimately a loaded revolver, which led to charges under § 11-47-8(a).
Santos moved to suppress the revolver and ammunition as fruits of an illegal search; the trial court denied the motion and later convicted Santos on count 2; on appeal, the court affirmed denying suppression and upheld the conviction.
Santos was sentenced to five years with one year to serve and probation; this appeal followed challenging suppression and acquittal arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the vehicle search was permissible as a protective search for weapons.	Santos contends the search was unlawful.	State argues protective search justified by safety concerns.	Yes; search upheld as protective search for weapons.
Whether the revolver would have been inevitably discovered or properly discovered under inventory/search incident to arrest theories.	Santos asserts lack of inevitable discovery/alternative grounds.	State relies on protective search grounds; acknowledges alternatives.	Court discards reliance on alternatives as sole basis, affirming protective-search basis.
Whether the evidence sufficiently proves conscious possession of the revolver under § 11-47-8(a).	Evidence insufficient to prove Santos knew of and controlled the revolver.	Evidence showed reaching distance and conduct supporting knowledge and control.	Sufficient evidence to sustain conviction; denial of acquittal affirmed.

Michigan v. Long, 463 U.S. 1032 (U.S. 1983) (protective searches of vehicles when a suspect may gain immediate control of weapons)
Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (vehicle search incident to arrest requires proximity or probable cause for evidence in vehicle)
State v. Milette, 727 A.2d 1236 (R.I. 1999) (protective search of vehicle for weapons justified by danger to officer)
State v. Tavarez, 572 A.2d 276 (R.I. 1990) (furtive movement can justify protective sweep for weapons)
State v. Collodo, 661 A.2d 62 (R.I. 1995) (permission to leave vehicle or pat-down when specific articulable facts warrant)
State v. Benevides, 425 A.2d 77 (R.I. 1981) (establishes conscious possession concept and circumstantial inference)