State v. HUY

I respectfully dissent from the holding of the majority that the defendant failed to preserve his Fourth Amendment contentions on appeal.

The record on appeal reflects the following facts. The defendant was arraigned and charged with violating G.L. 1956 § 11-47-8(a)6 and § 11-47-24, and he pled “not guilty.” The defendant vigorously contested the constitutionality of the search and seizure over two days of hearings on his motion to suppress evidence of the firearm in question and his statement to police. *557At the suppression hearing, Huy testified, presented his passenger as a witness, and…