State v. Cofone

Thomas Joseph Cofone was indicted under G. L. 1956 (1968 Reenactment) §21-28-31 for the unlawful possession of marijuana which was found in his pocket when he was arrested. At the commencement of his trial in the Superior Court he moved to suppress the evidence upon which that indictment was predicated on the ground that it was the product of an unlawful, warrantless search and seizure. That motion was heard in the absence of the jury in what was in effect a suppression hearing. The motion was denied and trial was then resumed before the jury. Cofone was convicted and he now presses…