State of Maine v. Gervais

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STATE OF MAINE KENNEBEC, ss UPEMOR COURT CRIMINAL ACTION DOCKET NO. CR-06-739 RECEIVED All0 FILE? KElit{EsEC S;,iLl;:g;( c:,;;I$ SEP -8 P 1: 31 ; /, !?.-::.;. 11 !,. 1 ' . ~IJDIJ \/ c-L6,,, , STATE OF MAINE I.,,,. /; - t . . ;,i" I.- .. 1 I . : ~ b i : iI ~ : ~ 3 ORDER ON DEFENDANT'S MOTION TO SUPPRESS v. KEVIN GERVAIS, Defendant The defendant seeks to suppress evidence obtained as a result of the detention of the defendant and statements made by the defendant to Officer Anderson at the police station. The court has considered the testimony and has watched the videotape. See State's Ex. 1. For the following reasons, the motion is granted in part and denied in part. FINDINGS On 3/26/06 at 1:00 a.m., Waterville Police Officer Lawrence Anderson was monitoring traffic near Pete and Larry's, a bar in Waterville. In his rear view mirror, the officer noticed a Volkswagen traveling through the Elm Plaza parking lot, approximately 70 yards away. The vehicle slowed and stopped completely. The driver leaned out of the driver's side door, which was open. The officer considered this unusual behavior for an operator of a motor vehcle and noted also that the vehcle's right brake light was out. The officer pulled behnd the vehicle and activated h s blue lights. Later, the officctr placed the operator under arrest and transported him to the police station. The two were in the boolung room for approximately one hour. The operator eventually took a breath test. The officer did not advise the operator of h s Mranda rights. CONCLUSIONS An officer may detain a citizen only when "'specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion."' State v. Gulick, 2000 ME 170, ¶¶ 12, 18, 759 A.2d 1085, 1088-89 (quoting State v. Dulac, 600 A.2d 1121, 1122 (Me. 1992)) (quoting Terrv v. Ohio, 392 U.S. 1, 21, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968)). Based on his observations of the operator and the brake light, the officer was justified in detaining the operator. The operator was under arrest and in custody in the boolung room when the officer asked questions. The required Miranda warnings were not given prior to the officer's interrogation. See State v. Hollowav, 2000 ME 172, q[ 13, 760 A.2d 223,228. The answers to the following questions asked by the officer are suppressed: 1. whether the operator had three beers (asked twice); 2. whether the defendant was taking any drugs; 3. whether the operator said he had a beer before leaving Pete and Larry's; 4. how the operator ended up going to the parking lot. The entry is The Defendant's Motion to Suppress is DENIED regarding evidence obtained as a result of the detention of the operator and GRANTED regarding the above-lis d statements of the defendant. P Date: September 8,2006 &kdncv Mlls ~ustice, Superior Court . SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2006-00739 STATE OF MAINE vs KEVIN R GERVAIS 284 UPPER RIDGE ROAD FAIRFIELD ME 04937 DOCKET RECORD DOB: 02/28/1969 Attorney: WAYNE FOOTE LAW OFFICE OF WAYNE R. FOOTE 273 HAMMOND ST PO BOX 1576 BANGOR ME 04402-1576 RETAINED 04/07/2006 State's Attorney: TRACY DEVOLL Charge ( s) 1 OPERATING UNDER THE INFLUENCE Seq 9878 29-A 2411(1-A) (A) / WAT ANDERSON 03/26/2006 WATERVILLE Class D Docket Events: 07/10/2006 Charge(s) : 1 TRANSFER - TRANSFER FOR JURY TRIAL ED1 ON 07/10/2006 @ 18:01 TRANSFERRED CASE: SENDING COURT CASEID WATDCCR200600706 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 03/28/2006 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 06/14/2006 @ 8:30 NOTICE TO PARTIES/COUNSEL Charge ( s ) : 1 HEARING - ARRAIGNMENT WAIVED ON 04/07/2006 07/10/2006 BAIL BOND - $500.00 UNSECURED BAIL BOND FILED ON 03/28/2006 Bail Amt: $500 Date Bailed: 03/26/2006 Charge (6): 1 SUPPLEMENTAL FILING - COMPLAINT FILED ON 06/06/2006 Party (s): KEVIN R GERVAIS ATTORNEY - RETAINED ENTERED ON 04/07/2006 Attorney: WAYNE FOOTE Charge (s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 04/07/2006 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 07/07/2006 Charge (6): 1 TRANSFER - TRANSFER FOR JURY TRIAL GRANTED ON 07/10/2006 Charge (s): 1 Page 1 of 2 Printed on: 09/08/2006 KEVIN R GERVAIS AUGSC-CR-2006-00739 DOCKET RECORD TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 07/07/2006 Charge (s): 1 FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 07/07/2006 AUGSC 07/11/2006 Charge ( s ) : 1 TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 07/11/2006 WATDC-CR-2006-00706 07/11/2006 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/10/2006 @ 8:00 NOTICE TO PARTIES/COUNSEL 09/08/2006 HEARING - MOTION TO SUPPRESS HELD ON 08/10/2006 NANCY MILLS , JUSTICE Defendant Present in Court 09/08/2006 MOTION - MOTION TO SUPPRESS DENIED ON 09/08/2006 COPY TO PARTIES/COUNSEL A TRUE COPY ATTEST : Clerk Page 2 of 2 Printed on: 09/08/2006

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