57 A.3d 295
R.I.2012Background
- Cosme is convicted of possession with intent to deliver and possession of cocaine; warrant to search 111 Freight St Apt 4 Pawtucket issued on CI tip; CI described a black male dealer at that address; police observed behaviors consistent with street-level distribution and conducted a controlled buy; drugs and paraphernalia found under the defendant’s bed and in his residence; State moved to suppress, trial court denied, bench trial resulted in guilty verdict; sentence includes lengthy prison terms; appeal challenged sufficiency of probable cause and CI reliability.
- Evidence seized included 31.29 g cocaine, scales, bags, cash, and documents linking Cosme to the residence; CI tip and controlled buy tied the dealer to the home; warrant issued July 27, 2007 and executed the same day; the CI’s reliability and knowledge were challenged on appeal.
- Trial court relied on inferences from the nature of drug dealing and the fact that dealers often store contraband at home; court affirmed denial of suppression and found probable cause; defendant renewed suppression objections at trial; Rhode Island Supreme Court ultimately affirmed.
- The four-count information originally included additional counts later dismissed; the Court treated the appeal as timely despite premature filing; the warrant was issued after corroboration of the CI tip and a controlled buy; no suppression error found; final judgment remanded to Superior Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause nexus between home and alleged drug activity | Cosme lacks nexus; drugs likely in car, not home | No home nexus; CI unreliable; no basis to tie home to crime | Probable cause established; nexus found within four corners of affidavit |
| CI veracity, reliability, and basis of knowledge | CI tip corroborated by surveillance and controlled buy | Veracity/basis of knowledge not shown; stale tip risk | CI corroborated; reliability and basis of knowledge supported by corroboration and controlled buy |
| Timeliness/staleness of tip | Tip potentially stale; need fresh information | Even older tip acceptable with recent corroboration | Tip not stale; corroborating events within a week maintained probative value |
| Overall sufficiency of probable cause | Totality of circumstances supports warrant | Totality fails confidence in warrant without direct home-based evidence | Totality supports probable cause; warrant valid |
Key Cases Cited
- State v. Byrne, 972 A.2d 633 (R.I. 2009) (probable cause may be inferred from circumstances beyond direct observations)
- State v. Verrecchia, 880 A.2d 89 (R.I. 2005) (nexus may be inferred from crime type and expectation of hidden contraband)
- United States v. Gates, 462 U.S. 213 (1983) (probable cause requires totality-of-the-circumstances analysis)
- State v. King, 693 A.2d 658 (R.I. 1997) (informant reliability and basis of knowledge weighed under totality)