State v. Robalewski, 418 A.2d 817 (R.I. 1980)

Facts

Robalewski was an inmate at correctional facility who escaped after attacking a guard.  Robalewski was traced to an apartment and officers entered, intending to arrest Robalewski.  Robalewski was sitting at a kitchen table and placed under arrest.  Another detective examined Robalewski’s jacket on a living room couch and found a revolver.

Procedural History

The revolver was introduced as evidence at Robalewski’s trial and he was convicted on six counts.

Issue(s)

Did the trial court err in admitting the revolver found in Robalewski’s jacket as incident to the arrest?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that all of the trial justice’s justifications for admitting the revolver (no barrier, presence of other adults, lunge and leap, etc.) were in error and the record does not support the conclusion that the jacket lay within Robalewski’s immediate control at the time of his arrest.

Judgment/Outcome

The Court reversed and remanded the judgment of the trial court.