PAWTUCKET – The American Civil Liberties Union of Rhode Island Inc. on Monday filed a federal lawsuit against Pawtucket officials and a city police officer for what it argues was an unconstitutional search at the Pawtucket fire station.
According to the 13-page complaint filed in R.I. District Court, Pawtucket police officer Mario Comella, who is named individually in the lawsuit, obtained a search warrant around Aug. 30 for a Ford F-150 owned by firefighter Patrick White, “based on a complaint that White was illegally transporting firearms from the vehicle.”
A police search occurred on Sept. 5 and White was subsequently arrested and charged with four felonies, including two counts of carrying a pistol or revolver without a license and two counts possession of a large capacity feeding device. He has a pre-arraignment hearing scheduled for Feb. 8, 2024 in R.I. Superior Court, according to online court records.
However, the ACLU says the warrant Comella obtained did not authorize a search of White’s fire station locker. Court filings also claim that permission to search the personal lockers of other firefighters, where law enforcement was allegedly "rifling through and inspecting the private and personal property," was approved by Fire Chief John Trenteseaux, who is also named in the lawsuit.
The ACLU alleges that Trenteseaux "requested that the Engine and Rescue at the fire station be sent to the repair shop and headquarters so that no firefighter was present at the fire station during the search."
Richard A. Sinapi, ACLU of R.I. cooperating attorney, called the search “as intrusive as if the police had rummaged through a dresser drawer in their homes without a warrant.”
“Comella made no mention of personal lockers or any search of lockers or anything else in the station in his application for a warrant,” according to the filing. “Nor was there any allegation that other firefighters were involved at all in White’s alleged illegal activities.”
ACLU attorney Danilo Borgas on Monday said the the case was “emblematic of a worrying trend of overreach by those in power.”
According to court filings, the personal lockers were searched without the knowledge or consent of the firefighters, in a violation of both the 4th Amendment preventing unreasonable search and seizure and the Rhode Island Right to Privacy Act.
Unlike the work lockers where firefighters keep their gear, the area searched was a private residential area with lockers only accessible with a key fob and where such items as prescription medicine, wallets, laptops and personal mail and financial records are kept.
While there is no written policy regarding these lockers, the suit argue city firefighters have long enjoyed two distinct areas and are “entitled to two distinct lockers for their use."
The areas searched are “effectively the firefighters’ home away from home during their long shifts and are an essential area of private and personal space which allows them to perform their job duties and work for such long and continuous periods of time," according to the ACLU," which said there was a “uniform practice, custom, and policy of privacy in one’s personal locker and its contents."
City spokesperson Grace Voll on Monday said the decision to expand the search resulted from tips from other Pawtucket firefighters after the arrest of White, who is no longer with the department, that there may have been more firearms being stored in the shared locker area.
"Thankfully, the police department responded and no tragic incidents occurred," she said.
In addition to damages, The ACLU seeks a court order declaring the searches unconstitutional, the prohibition of any future searches of the firefighters’ personal lockers without a search warrant, and the destruction of any information obtained from the illegal searches.
“As firefighters, we commit ourselves to the community, often spending long hours away from home at fire station,” said Noah Leblanc, lead plaintiff and Pawtucket firefighter. “Our personal lockers at the station are more than just metal boxes; they are a bit of home where we keep pieces of our private lives and our private belongings while we are serving the community.”
(SUBS 13th-14th graphs with comment from city spokesperson.)
Christopher Allen is a PBN staff writer. You may contact him at Allen@PBN.com
