State of Maine v. Lund

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STATE OF MAINE KENNEBEC, ss SUPERIOR COURT CRIMINAL ACTION DOCKET NO. CR-06-330 REC'E) & FILED A. ~esjardin ' I JUN 12 2006 sTATEoFMAINE v. Clerkofcourts Kenneb ¬3CCounty ORDER ON DEFENDANT'S MOTION TO SUPPRESS WILLIAM LUND Defendant The findings of fact made on the record at the close of the hearing are incorporated into tlus order by reference. CONCLUSIONS OF LAW The questions asked by the officer that are at issue in this motion were not administrative questions. See State v. Rossinnol, 627 A.2d 524, 526 (Me. 1993). The issue is whether the defendant was in custody. An "ordinary traffic stop to ask a few questions and to conduct field sobriety tests on a driver suspected of operating under the influence does not amount to custodial interrogation" that requires a r a n d a warnings. See State v. Lewry, 550 A.2d 64/65 (Me. 1988); see Berkemer v. McCartv, 468 U.S. 420,423 (1984) (defendant questioned outside his vehcle on side of road); State v. Swett, 1998 ME 76, ¶4, 709 A.2d 727, 730 (defendant interviewed either whle seated in his vehicle or outside h s vehicle on side of road). Considering the factors outlined in State v. Michaud, viewed in their totality, the court concludes that the defendant was not in custody. See State v. Michaud, 1998 ME 251, ¶ 4, 724 A.2d 1222, 1226. On this record, a reasonable person in the defendant's position would not have concluded that he was "in police custody and constrained to a degree associated with formal arrest." See id. Accordingly, no Wranda warnings were required in order for the defendant's answers to the officer's questions to be admissible. See State v. Hollowa~ 2000 ME 172 q[ 13,760 A.2d 223,228. The entry is The Defendant's Motion to Suppress is DENIED. Date: June 1 2 2006 SUPERIOR COURT KENNEBEC, ss . Docket No AUGSC-CR-2006-00330 STATE OF MAINE vs WILLIAM H LUND 28 CRESTWOOD DR. APT H WATERVILLE ME 04901 DOCKET RECORD DOB: 07/22/1974 Attorney: JASON JABAR JABAR BATTEN RINGER & MURPHY ONE CENTER STREET WATERVILLE ME 04901-5495 RETAINED 01/06/2006 State's Attorney: TRACY DEVOLL Charge (s1 1 OPERATING UNDER THE INFLUENCE Seq 9878 29-A 2411(1-A) (A) GARDINER / WAT 12/16/2005 WATERVILLE Class D Docket Events: 03/14/2006 Charge (s): 1 TRANSFER - TRANSFER FOR JURY TRIAL ED1 ON 03/14/2006 @ 18:01 TRANSFERRED CASE: SENDING COURT CASEID WATDCCR200503168 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 12/19/2005 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 03/08/2006 @ 8:30 NOTICE TO PARTIES/COUNSEL Charge(s1 : 1 HEARING - ARRAIGNMENT WAIVED ON 02/03/2006 BAIL BOND - $700.00 UNSECURED BAIL BOND FILED ON 12/19/2005 Bail A m t : $700 Date Bailed: 12/17/2005 BAIL BOND - UNSECURED BAIL BOND BAIL RELEASED ON 01/18/2006 Date Bailed: 12/17/2005 03/14/2006 BAIL BOND - UNSECURED BAIL BOND RELEASE ACKNOWLEDGED ON 01/18/2006 Date Bailed: 12/17/2005 Party (s): WILLIAM H LUND ATTORNEY - RETAINED ENTERED ON 01/06/2006 Attorney : JASON JABAR MOTION - MOTION AMEND BAIL CONDITIONS FILED BY DEFENDANT ON 01/06/2006 MOTION - MOTION AMEND BAIL CONDITIONS GRANTED ON 01/13/2006 ROBERT E MULLEN , JUDGE COPY TO PARTIES/COUNSEL APPEAR TO SIGN NEW BOND Charge (s): 1 Page 1 of 3 DEFENDANT MUST Printed on: 06/12/2006 WILLIAM H LUND AUGSC-CR-2006-00330 DOCKET RECORD SUPPLEMENTAL FILING BAIL BOND - - COMPLAINT FILED ON 01/06/2006 PR BAIL BOND FILED ON 01/18/2006 Date Bailed: 01/18/2006 Charge (6): 1 PLEA - NOT GUILTY ENTERED BY COUNSEL ON 02/03/2006 Charge (s): 1 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 02/03/2006 Charge (s): 1 TRANSFER - TRANSFER FOR JURY TRIAL GRANTED ON 03/14/2006 Charge (6): 1 TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 03/03/2006 Charge(6): 1 FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 03/14/2006 AUGSC 03/15/2006 Charge(6) : 1 TRANSFER - TRANSFER FOR JURY TRIAL R E C W BY COURT ON 03/15/2006 RECEIVED FROM WATERVILLE DISTRICT COURT DOCKET NO: CR-05-3168 04/14/2006 TRIAL - DOCKET CALL SCHEDULED FOR 05/01/2006 @ 9:00 04/14/2006 TRIAL - DOCKET CALL NOTICE SENT ON 04/14/2006 05/10/2006 TRIAL - DOCKET CALL HELD ON 05/01/2006 05/10/2006 TRIAL - DOCKET CALL SCHEDULED FOR 06/05/2006 06/12/2006 TRIAL - DOCKET CALL HELD ON 06/05/2006 NANCY MILLS , JUSTICE Reporter: JANETTE COOK Defendant Present in Court 06/12/2006 Charge (s): 1 TRIAL - JURY TRIAL SCHEDULED FOR 06/13/2006 @ @ 10:OO 10:OO NOTICE TO PARTIES/COUNSEL 06/12/2006 Charge(s) : 1 TRIAL - JURY TRIAL SELECTED ON 06/08/2006 JURY SELECTION 06/12/2006 HEARING - MOTION TO SUPPRESS HELD ON 06/06/2006 NANCY MILLS , JUSTICE Attorney: JASON JABAR DA: BRAD GRANT Reporter: JANETTE COOK Defendant Present in Court 06/12/2006 Charge(s) : 1 MOTION - MOTION TO SUPPRESS DENIED ON 06/12/2006 NANCY MILLS , JUSTICE Page 2 of 3 Printed on: 06/12/2006 WILLIAM H LUND AUGSC-CR-2006-00330 DOCKET RECORD A TRUE COPY ATTEST : Clerk Page 3 of 3 Printed on: 06/12/2006

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