State v. Marciano

Citations

• 231 Conn. App. 348

Syllabus

The state appealed, on the granting of permission, from the judgment of the trial court dismissing the information charging the defendant with operating a motor vehicle while under the influence of alcohol following the court's granting of the defendant's motion to suppress evidence obtained as a result of his unconstitutional seizure. The state claimed, inter alia, that no constitutional violation occurred because, at all relevant times, the arresting officer was acting in his community caretaking capacity during his encounter with the defendant. Held: The trial court properly concluded that the community caretaking exception to the warrant requirement did not apply because the arresting officer was not acting within his community caretaking capacity when he restricted the defendant's liberty, as there was no evidence in the record that the officer was seeking to prevent the commission of a crime, protect an individual who was in danger of physical harm, resolve a conflict, or maintain a feeling of security in the community. The trial court properly granted the defendant's motion to suppress because it properly concluded that the defendant had been seized within the meaning of the state and federal constitutions when the uniformed, visibly armed, arresting officer prevented him from driving away by illuminating his vehicle with takedown lights, approaching him, and nonverbally commanding that he roll down his window as, at that time, a reasonable person in the defendant's position would not have felt free to leave the scene. Argued November 13, 2024—officially released March 18, 2025