RIGL Title 12-1.5 (DNA Violent Offender), 12-5 (Search Warrants), 12-5.1 (Interception of wire/oral comms)

Question 1

What are the crimes of Violence as defined in 12-1.5-2 (Definitions)

Answer 1

Murder, Manslaughter, 1st dg arson, kidnaping w/ intent to extort, robbery, larceny from person, 1st dg sexual assault, 2nd dg sexual assault, 1st & 2nd dg child molestation, assault w/intent to commit murder & robber & sexual assault, burglary, entering into dwelling house w/intent to commit murder & Robbery & Sexual Assault or larceny.

Question 2

12-1.5-2 (DNA Sample Means)

Answer 2

means blood or tissue sample by person to be submitted to DOH lab.

Question 3

What does the DOH DNA database maintain records for?

Answer 3

1) Forensic casework, including ID of missing persons. 2) Individual arrest for “crimes of violence” and convicted felony offenders. 3) Anonymous DNA records used for research on ID technologies or quality control.

Question 4

12-1.5-8 (DNA sample upon arrest or conviction for any crime of violence) for whom?

Answer 4

Every person ARRESTED for “Crime of Violence”, pleas guilty or nolo, or convicted of ANY felony shall have a DNA sample taken for; anyone sentence to a term of confinement to prison, for any term of probation, or deferred, or release prior to maximum term of confinement.

Question 5

12-1.5-8 (DNA sample upon arrest for any crime of violence) for whom?

Answer 5

Arrested for Crime of Violence, at the time of booking and susp shall be notified at that time of their expungement rights at the time of DNA sample taken. Arresting agency submits to DOH. DOH shall not test prior to arraignment unless; arrestee appeared before judicial officer for arraignment and JO made finding there was PC for arrest or; defendant was released and failed to appear for initial hearing or escaped custody.

Question 6

12-1.5-8 (DNA sample upon arrest for any crime of violence) if charges are not determined to be supported by PC;

Answer 6

DNA sample shall be immediately destroyed. And notice sent to prosecuting authority and defense counsel for record of it being destroyed.

Question 7

12-1.5-8 (DNA sample upon arrest for any crime of violence) for what other reasons to be processed prior to arrignment.

Answer 7

Consent by suspect for sole purpose to have their sample checked against a sample at the crime scene / hospital that is being processed as related to charges against the suspect.

Question 8

12-1.5-9…withdrawal, collections and transmission of dna sample. What are the rules to protect an authorized person to do so?

Answer 8

authorized person cannot be civilly or criminally liable for withdrawal of dna if acting on good faith pursuant to this chapter. 2) it is a complete defense for LEO and CO who physically restrain a person for taking DNA sample, as acting in good faith and under instruction/supervision of medical personnel under this statute to withdraw dna.

Question 9

DNA samples under Crimes of Violence/conviction chapter shall be used only in?

Answer 9

(Except otherwise provided in 12-1.5-11) LEO ID purposes, assist in recover of human remains, other humanitarian ID purpose including ID of missing persons. SHALL NEVER be used for the purpose obtaining info on physical characteristics, traits or predisposition of disease.

Question 10

DNA samples under Crimes of Violence/conviction chapter, in respect to 12-1.5-11 (DNA database exchange) shall be used only in?

Answer 10

Criminal justice agencies or DNA forensic labs that serve these agencies. Written/electronic request of a official investigation by criminal justice agency/or forensic lab of a criminal offense or offender. Prosecution Attn for relevant DNA record for grand jury/courts when records are subpoenaed. defense attn for relevant pending case.

Question 11

Expungement of DNA Record in regards to Crimes of Violence Chapter 12-1.5 How can they and are they expunged?

Answer 11

If conviction was reversed where upon written request and certified copy of final order the DOH shall purge all samples in regards to collection by this chapter. Also shall purge/destroy all DNA records pursuant to this chapter for a person deceased after official proof of death of at least 3 years to be a certified copy of death certificate. 2) if sample taken in regards to this chapter with either no true bill, dismissal, or NG verdict AND state does not retry defendant or appeal decision, or plea/conviction to lessor charge from state DNA data base requirement, DNA profile shall be expunged; The prosecution shall notify DOH within 30 days of this and within 30 days DOH shall destroy all samples/records relating.

Question 12

Expungement of DNA Record in regards to Crimes of Violence Chapter 12-1.5 notice by suspect to LEO Agency and AG….when?

Answer 12

Expungement notice shall be served to the AG and LEO Agency with 10 days notice prior to hearing.

Question 13

What are the penalties for obtaining RECORDS of DNA illegally. What are the penalties for obtaining SAMPLES of DNA illegally

Answer 13

Any person carrying out functions of this chapter obtaining any DNA records illegally is guilty of misdemeanor with 1 yr prison/$1000 fine. For DNA analysis performed and Obtaining/attmepts to obtain DNA illegally or tampering w/DNA is guilty of a felony w/5 yrs prison/$5000 fine.

Question 14

After being arrested/charged with any crime of violence and refuses to submit a DNA sample…

Answer 14

Is in violation of their terms of release/bail/probation/parole or home confinement.

Question 15

Search Warrants (12-5), may be issued by

Answer 15

any judge of the district court, supreme, superior or family court.

Question 16

Search Warrants (12-5), ground for issuance are;

Answer 16

1) Property Stolen/embezzled, false pretenses, or cheat/defraud. 2) Property kept, concealed in purpose of violating the law. 3) Property intended or designed to violate the law or means to violate the law. 4) Evidence in a crime. 5) Samples of blood, tissue ect for means of forensic analysis and ID. 6) Samples of Blood or breath for evidence of DUI.

Question 17

Search Warrants (12-5-3) issuance and contents of the warrant are;

Answer 17

Issued upon a complaint in writing under oath; by LEO Agency authority. Additionally where with any property stolen, embezzled, obtained under false pretenses, any person who has the right to possession of the property. Or any sworn LEO member of a statewide taskforce. Or director of investigations of Medicaid Fraud Unit or dept of AG……. Must return within 14 days inventory of property seized, supporting affidavits, to the town in which it was issued. If not indicated the return should note whether the warrant was executed.

Question 18

Search Warrants (12-5-10) Search warrant for out of sate electronic communication services to RI;

Answer 18

Can be issued to those companies who provide service to RI even though are in a different state. They shall be honored in other states providing the service.

Question 19

Interception of Wire and Oral Communications 12-5.1; what are the types of the designated offenses;

Answer 19

Murder, robbery, kidnapping, extortion, assault w/dangerous weapon, assault w/intent to rob/murder. 1-3 arson, bribery more than $500, Any Violation of Title 21 (drugs) punishable more than a year, or Title 11 ( Gambling & lotteries..ch 19) ( Weapons…ch 47) ( Org criminal gambling…ch 51) or (Uniform Act Prevention of Human Trafficing..ch 67.1) with punishment more than a year or being a fugitive of any of provided offenses or conspiracy of said offenses.

Question 20

Interception of Wire and Oral Communications 12-5.1 Application of “wire tap” and oral coms must contain;

Answer 20

AG or Ast. AG may apply to superior court judge or senior associate justice of competent jurisdiction for an order. Application must contain; ID of officer on application, Full statement of facgts/circumstances to issue; ie designated offense, place location for intercept comms, description of type of coms to intercept and ID of person, if know, committing offenses as to coms to be intercepted. Also a full statement as to other investigation methods that failed or are too dangerous. A statement onto time period required to intercept coms. Also particular conversations to continue intercept for establishing PC for additional info will occur. Statements on previous conversations know to applicant. If extension of an order, reason for it with support evidence.

Question 21

Interception of Wire and Oral Communications 12-5.1; issuance of orders: what is needed?

Answer 21

PC for crime or about to commit crime. PC that particular coms concerning offense will be obtained through tap. Normal investigation procedures had been tried and failed or reasonable unlikely or too dangerous. PC is believed that the comms tapped will be used in PC to the offenses or commission of crime of offense.

Question 22

Interception of Wire and Oral Communications 12-5.1; Issuance of orders in regards to private privileged conversations are;

Answer 22

No wire tap shall be issued if in a place or facility where it is commonly used by license attorney of law, ordained minister, priest or rabbi, or place used primarily for habitation by husband and wife. Unless the presiding justice of superior court determines special needs to intercept in those places and that they are conducted to minimize/eliminate interception of privilege comms between them.

Question 23

Interception of Wire and Oral Communications 12-5.1; Content of orders are

Answer 23

ID of particular description of person, if known. Nature and locations of comms facilities as to where to be granted. Types of comms to be intercepted as to what they relate. ID of agency authorize to intercept comms. Period or time it is authorized for and whether to terminate if comms are first obtained. NO order longer than 30 days. Have to file an extension as to why.

Question 24

Interception of Wire and Oral Communications 12-5.1; Return of Inventory will be:

Answer 24

Within 90 days of termination of order. To include person named in the order and any other parties intercepted to presiding justice of superior court. To also include, notice of entry of order, date of entry, period authorized, fact during tap were or were not intercepted.

Question 25

Interception of Wire and Oral Communications 12-5.1 (Notice of Intention to use tap) what is required;

Answer 25

Must disclose not less than 10 days to each party in the tap with copy of application, order, and inventory.

Question 26

Interception of Wire and Oral Communications 12-5.1; Suppression of evidence; what are the grounds:

Answer 26

Comms unlawfully obtained. Order is insufficient on its face. Interception was not made in conformity with the order, Service was not provided in notice of Intention to use intercept. Seal provided is missing with no satisfactory explanation.

Question 27

Interception of Wire and Oral Communications 12-5.1; Civil remedy penalty is:

Answer 27

If used in violation of this chapter; damages are $100 per day for each violation or $1000 (which ever is higher). Punitive damage. Attn fees or other litigation fees incurred.