State of Maine V. Chapman

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STATE OF MAINE UNIFIED CRIMINAL DOCKET ~O~KET NO. CR;-13-6695 u o -c~- 7'10</2~1'1 CUMBERLAND, ss. STATE OF MAINE ORDER ON MOTION TO SUPPRESS· v. IAN C. CHAPMAN, Defendant The Court has carefully considered the Defendant's Motion to Suppress. The Court concludes that Sgt. Gardner presented credibly. Based upon the speed of Mr. Chapman's vehicle and the length of pursuit, it was objectively reasonable to execute the type of safety stop described in Donatelli. 1 It is also important to note that once the reason for the safety stop had been investigated and it was clear Mr. Chapman was not an imminent threat, the level of intrusion de-escalated to that associated with an ordinary traffic stop. It was at this point that any interrogation related to the offense for which Mr. Chapman was ultimately charged occurred. Given this was at a stage consistent with an ordinary traffic stop and Mr. Gardner was told he was not under arrest, the Court concludes he was not in custody for Miranda purposes. 2 While the Court concludes the actions of Sgt. Gardner were objectively reasonable, this is not to imply that Mr. Chapman's comment he was unaware he was being pulled over for a period in time was untrue. A review of the DVD indicates this was a situation whereupon differing perspectives of the events could have occurred. 2 Because of this ruling, the Court does not examine the issues of which portions of the interactions between Mr. Chapman and Sgt. Gardner constituted interrogation for Miranda purposes. Accordingly, the Motion to Suppress is denied. Dated: March ld-r 2014 John H. O'Neil, Jr. Justice, Superior Court 2 CRIMINAL DOCKET CUMBERLAND, ss. Docket No CUMCD-CR-2013-06695 STATE OF MAINE vs IAN C CHAPMAN 210 FOREST STEEET APT 3 WESTBROOK ME 04092 DOCKET RECORD DOB: 11/29/1982 Attorney: TIMOTHY ZERILLO ZERILLO LAW OFFICES 103 EXCHANGE STREET PO BOX 17721 PORTLAND ME 04112 RETAINED 10/08/2013 State's Attorney: STEPHANIE ANDERSON Charge(s} 1 OPERATING UNDER THE INFLUENCE Seq 11493 29-A 2411 (1-A) (A) GARDNER I WES 09/26/2013 WESTBROOK Class D Docket Events: 09/27/2013 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 09/27/2013 09/27/2013 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 11/19/2013 at 08:30 a.m. in Room No. 1 NOTICE TO PARTIES/COUNSEL 09/27/2013 BAIL BOND- $2,500.00 UNSECURED BAIL BOND FILED ON 09/27/2013 Bail Amt: $2,50Q Date Bailed: 09/26/2013 837 10/08/2013 Party (s) : IAN C CHAPMAN ATTORNEY - RETAINED ENTERED ON 10/08/2013 Attorney: TIMOTHY ZERILLO 10/09/2013 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 10/08/2013 10/09/2013 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 10/17/2013 at 01:00p.m. in Room No. 1 NOTICE TO PARTIES/COUNSEL 10/09/2013 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 10/09/2013 10/17/2013 HEARING - MOTION TO AMEND BAIL HELD ON 10/17/2013 WILLIAM BRODRICK , JUSTICE Attorney: TIMOTHY ZERILLO DA: WILLIAM BARRY Defendant Present in Court TAPE 5474 10/17/2013 MOTION - MOTION TO AMEND BAIL GRANTED ON 10/17/2013 WILLIAM BRODRICK , JUSTICE COPY TO PARTIES/COUNSEL AGREEMENT CR 200 Page 1 of 3 GRANTED BY Printed on: 03/13/2014 IAN C CHAPMAN CUMCD-CR-2013-06695 DOCKET RECORD 10/17/2013 BAIL BOND - UNSECURED BAIL BOND AMENDED ON 10/17/2013 WILLIAM BRODRICK , JUSTICE MODIFIED TO ALLOW THE USE OF ALCOHOLIC BEVERAGE BUT NOT TO USE TO EXCESS. SUBJECT TO SEARCH UPON REASONABLE ARTICULABLE SUSPICION. Date Bailed: 09/26/2013 837 11/07/2013 Charge(s): 1 SUPPLEMENTAL FILING - COMPLAINT FILED ON 11/06/2013 11/21/2013 Charge(s): 1 HEARING - ARRAIGNMENT WAIVED ON 11/19/2013 at 08:30a.m. in Room No. 1 11/21/2013 Charge(s): 1 PLEA- NOT GUILTY ENTERED BY COUNSEL ON 11/19/2013 at 08:30 a.m. in Room No. 1 11/21/2013 Charge(s): 1 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 02/06/2014 at 01:00p.m. in Room No. 11/21/2013 Charge(s): 1 TRIAL - JURY TRIAL SCHEDULED FOR 03/10/2014 at 08:30 a.m. in Room No. 7 11 NOTICE TO PARTIES/COUNSEL 01/23/2014 Charge(s): 1 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 01/23/2014 DEBBIE COOK , ASSISTANT CLERK 02/05/2014 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 02/04/2014 02/06/2014 MOTION - MOTION TO CONTINUE GRANTED ON 02/05/2014 PAUL E EGGERT , JUDGE COPY TO PARTIES/COUNSEL 02/06/2014 Charge(s): 1 HEARING - DISPOSITIONAL CONFERENCE CONTINUED ON 02/05/2014 PAUL E EGGERT , JUDGE 02/06/2014 Charge (s) : 1 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 02/20/2014 at 10:00 a.m. in Room No. 02/21/2014 Charge(s): 1 HEARING - DISPOSITIONAL CONFERENCE NOT HELD ON 02/20/2014 ROLAND A COLE , JUSTICE Attorney: TIMOTHY ZERILLO DA: JULIA SHERIDAN OFFER OPEN FOR 24HOURS. ATTY. TO FILE A MOTION TO SUPPRESS. HEARING SET 2-25-14 P.M. PARTIES NOTIFIED. TAPE 5775 02/21/2014 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 02/20/2014 02/21/2014 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 02/25/2014 at 01:00 p.m. in Room No. NOTICE TO PARTIES/COUNSEL 02/26/2014 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 02/25/2014 JOHN H ONEIL JR, JUDGE 02/26/2014 HEARING - MOTION TO SUPPRESS HELD ON 02/25/2014 JOHN H ONEIL JR, JUDGE Page 2 of 3 CR 200 @ 7 1:00 1 Printed on: 03/13/2014 IAN C CHAPMAN CUMCD-CR-2013-06695 DOCKET RECORD Attorney: TIMOTHY ZERILLO DA: JULIA SHERIDAN TAPE 5766 02/28/2014 CASE STATUS - CASE FILE LOCATION ON 02/28/2014 DANIELLE MERRILL , ASSISTANT CLERK FILE IS WITH JUSTICE ONEIL REGARDING MOTION TO SUPPRESS 03/13/2014 CASE STATUS - CASE FILE RETURNED ON 03/13/2014 DANIELLE MERRILL , ASSISTANT CLERK 03/13/2014 Charge(s): 1 TRIAL - JURY TRIAL NOT HELD ON 03/13/2014 03/13/2014 MOTION - MOTION TO SUPPRESS DENIED ON 03/12/2014 JOHN H ONEIL JR, JUDGE COPY TO PARTIES/COUNSEL A TRUE COPY ATTEST: Clerk CR_200 Page 3 of 3 Printed on: 03/13/2014

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