State of Maine v. Brown

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STATE OF MAINE CUMBERLAND, ss SUPERIOR COURT CRINIINAL ACTION DOCKET NO. CR-11-0187 ~ ,'ill) ",. C! 1/1\ I ,> ... STATE OF MAINE v. ORDER ON MOTION TO SUPPRESS DARYL BROWN, Defendant The defendant seeks to suppress evidence obtained as a result of the stop of the vehicle operated by the defendant on 11/3/10. The defendant argues that the officer lacked specific and articulable facts to justify the stop or to order the defendant to get out of his vehicle. For the following reasons, the motion is denied. FINDINGS OF FACT Cumberland County Deputy Sheriff Sergeant Trevor Cote was on duty on 11 /3/10 when he received a call from dispatch. A civilian witness had called with concerns about a Toyota pick-up truck that was swerving and could not maintain its speed. 1 The truck was reported to have turned on the Moody Road. Deputy Sheriff Cote checked the registration given to him, which revealed an address of Steep Falls. Deputy Sheriff headed to the address. Five minutes later, he made contact with the truck on the Boundary Road, which is close to the Moody Road. The registration and description of the Toyota truck matched the information from dispatch. Deputy Sheriff Cote followed the truck for three or four tenths of a mile. 1 Some of the information provided to Deputy Cote by dispatch was not captured on the dispatch audiotape. He observed the truck swerve to the right side of the road and then to the left side of the road. Both driver side tires crossed the centerline by approximately one foot. Deputy Cote decided to stop the truck and activated the blue lights on his marked cruiser. Deputy Cote approached the truck after the truck pulled off the road. He could detect an odor of an intoxicating beverage when the operator, the defendant, spoke. Deputy Cote asked the defendant to step out of the truck. because Deputy Cote intended to ask the defendant to perform field sobriety tests. CONCLUSIONS OF LAW Because the information provided by the civilian witness with regard to the description, registration, location, and operation of the truck was verified by the deputy's observations, the deputy had "specific and articulable facts sufficient to warrant the stop." State v. Lafond, 2002 ME 124, errerr 6, 9, 802 A.2d 425, 428-29; see also State v. McDonald, 2010 ME 102, err 9, 6 A.3d 283, 285-86. Further, based on the operation of the truck and the odor of an intoxicating beverage coming from the defendant, the deputy had specific and articulable facts sufficient to warrant the field sobriety tests. State v. Wood, 662 A.2d 919, 920 (Me. 1995); see also State v. King, 2009 ME 14, errerr 6, 9, 965 A.2d 52,53-54. The entry is The Motion to Suppress is DENIED. Date: May 26, 2011 ancy Mills Justice, Superior Court STATE OF MAINE vs Docket No DARY'-., A BROWN 150 BOUNDRY RD STANDISH ME 04084 CUMCD-CR-2011-00187 DOCKET RECORD DOB: 12/10/1987 Attorney: JAMES BOULOS THE BOULOS LA W FIRM PO BOX 856 75 NORTH ST SACO ME 04072-0856 RETAINED 01/1112011 Charge(s) State's Attorney: I OPERATING UNDER THE INFLUENCE Seq 11493 29-A 241I(1-A)(A) cmE 1110312010 / 2 OPERATING UNDER THE INFLUENCE Seq 11493 29-A 241I(1-A)(A) COTE CHRISTINE THIBEAULT STANDISH 11/0312010 STANDISH Class D CUM Class D CUM Docket Events: 01/071201 I Charge(s): 1,2 TRANSFER - PERMANENT TRANSFER EDI ON 01/07120 II @ 18:00 TRANSFERRED CASE: SENDING COURT CASEID BRIDCCR201000810 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 11/05/2010 Charge(s): I HEARING - ARRAIGNMENT SCHEDULED FOR 1212112010 @ 8:30 NOTICE TO PARTIES/COUNSEL Charge(s): I HEARING - ARRAIGNMENT HELD ON 12121/2010 JEFF MOSKOWITZ, JUDGE DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS BAIL BOND - $2,500.00 UNSECURED BAIL BOND FILED ON 11105/2010 Bail Amt: $2,500 Date Bailed: 11/0312010 BAIL BOND - UNSECURED BAIL BOND TRANSFERRED ON 0110712011 Date Bailed: 11/03/2010 Charge(s): 1,2 SUPPLEMENTAL FILING - COMPLAINT FILED ON 12/1312010 Party(s): DARYL A BROWN ATTORNEY - APPOINTED ORDERED ON 12/2112010 Attorney: JAMES HEWES Charge(s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 12/21/2010 NOTE - OTHER CASE NOTE ENTERED ON 12121/2010 HEARING: 3-15-11 Charge(s): 1,2 Page 1 of 4 Printed on: 06/0612011 DARYL A BROWN CUMCD-CR-2011-00187 DOCKET RECORD FINDING - PERMANENT TRANSFER TRANSFERRED ON 01/0712011 CAROLYN HELWIG, ASSOCIATE CLERK CUMCD 01/11/2011 Charge(s): 1,2 TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 01/10/2011 TERESA SAWYER-BLACK , ASSISTANT CLERK BRIDC CR-IO-81O 01/1112011 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/1512011 @ 9:30 in Room No.7 01/11/2011 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 03/0412011 01/11/2011 Charge(s): 1,2 TRIAL - JURY TRIAL SCHEDULED FOR 04125/2011 @ 8:30 in Room No. II NOTICE TO PARTIES/COUNSEL 01/1212011 Party(s): DARYL A BROWN AlTORNEY - RETAINED ENTERED ON 01/1112011 Attorney: JAMES BOULOS 01/1412011 Charge(s): 1,2 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 01/14/2011 Attorney: JAMES HEWES 01/20120 II Charge(s): 1,2 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 01/1812011 JEFF MOSKOWITZ, JUDGE COPY TO PARTIES/COUNSEL 0112012011 Party(s): DARYL A BROWN AlTORNEY - WITHDRAWN ORDERED ON 0111812011 Attorney: JAMES HEWES 03/15/2011 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/1512011 JOYCE A WHEELER, JUSTICE Attorney: JAMES BOULOS DA: ANGELA CANNON MOTIONS FILED HEARING SET 3124/11 03/1512011 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 03/1512011 03/15/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 0312412011 @ 1:00 in Room No.8 NOTICE TO PARTIES/COUNSEL 03/1512011 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 0311512011 03/1512011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 0312412011 @ X2 1:00 in Room No.8 NOTICE TO PARTIES/COUNSEL 0312512011 HEARING - MOTION FOR DISCOVERY CONTINUED ON 0312412011 PAUL E EGGERT, JUDGE 0312512011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 04/0712011 @ I:00 in Room No.8 NOTICE TO PARTIES/COUNSEL 0312512011 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 0312412011 Page 2 of 4 Printed on: 06/06/2011 DARYL A BROWN CUMCD-CR-2011-00187 t ¢ DOCKET RECORD 0312512011 HEARING - MOTION TO SUPPRESS CONTINUED ON 03/24/2011 PAULEEGGERT ,JUDGE 03125/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 04/07/2011 @ I:00 in Room No.8 NOTICE TO PARTIES/COUNSEL 03/25/20 II HEARING - MOTION TO SUPPRESS NOTICE SENT ON 03/25/2011 03125/2011 MOTION - MOTION FOR SANCTIONS FILED BY DEFENDANT ON 03/2412011 Attorney: JAMES BOULOS 03/25/2011 MOTION - MOTION FOR SANCTIONS DENIED ON 0312412011 PAUL E EGGERT, JUDGE DENIED PARTIALLY 03/25/2011 MOTION - MOTION FOR SANCTIONS GRANTED ON 0312412011 PAUL E EGGERT, JUDGE SANCTION IS THAT STATE NEEDS TO PROVIDE DISCOVERY OF RADIO TRANSCRIPT BY 411111 AND HEARING IS CONTINUED 41711 I AT IPM. 04/0712011 MOTION - MOTION TO CONTINUE FILED BY STATE ON 04/0712011 SLV 04/0712011 MOTION - MOTION TO CONTINUE GRANTED ON 04/071201 J THOMAS D WARREN ,JUSTICE COPIES TO PARTIES/COUNSEL SLV TAPE 2708 04/1112011 HEARING - MOTION TO SUPPRESS CONTINUED ON 04/07/2011 THOMAS D WARREN ,JUSTICE 04111/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 05/0512011 @ I:00 in Room No.8 NOTICE TO PARTIES/COUNSEL 04111/201 [ HEARING - MOTION TO SUPPRESS NOTICE SENT ON 0411012011 04/l1/2011 HEARING - MOTION FOR DISCOVERY CONTINUED ON 04/0712011 THOMAS D WARREN, JUSTICE 04/11/2011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/05/2011 @ I :00 in Room No.8 NOTICE TO PARTIES/COUNSEL 0411112011 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 0411012011 0411112011 Charge(s): 1,2 TRIAL - JURY TRIAL CONTINUED ON 04/07/2011 THOMAS D WARREN, JUSTICE 04/l112011 TRIAL - JURY TRIAL SCHEDULED FOR 05/16/2011 @ 8:30 in Room No. II NOTICE TO PARTIES/COUNSEL 05105/201 [ MOTION - MOTION FOR DISCOVERY GRANTED ON 05/0512011 COpy TO PARTIES/COUNSEL BY AGREEMENT 05/05/2011 HEARING - MOTION FOR DISCOVERY NOT HELD ON 05/05/2011 05/05/2011 HEARING - MOTION TO SUPPRESS HELD ON 05/05/2011 NANCY MILLS, JUSTICE DA: ANGELA CANNON Page 3 of 4 Printed on: 06/06/2011 DARYL A BROWN CUMCD-CR-2011-00187 DOCKET RECORD Defendant Present in Court TP 2783 INDEX 2523-3300 05/0512011 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 05/05/2011 NANCY MILLS, JUSTICE 05/0512011 CASE STATUS - CASE FILE LOCATION ON 05/0512011 TRICIA KELLEY, ASSISTANT CLERK-E ALE WITH J. MILLS - MOTION UNDER ADVISEMENT 0511012011 TRIAL JURY TRIAL NOT HELD ON 05/1012011 0511012011 Charge(s): 1,2 TRIAL JURY TRIAL SCHEDULED FOR OS/23/201 I @ 8:30 in Room No. II NOTICE TO PARTIES/COUNSEL 0511 012011 Charge(s): 1,2 TRIAL JURY TRIAL NOTICE SENT ON 05110/2011 JH , 06/061201 I ORDER COURT ORDER FILED ON 06/0612011 NANCY MILLS, JUSTICE THE MOTION TO SUPPRESS IS DENIED 06/0612011 MOTION - MOTION TO SUPPRESS DENIED ON 06/06/201 I NANCY MILLS, JUSTICE COpy TO PARTIES/COUNSEL A TRUE COPY ATIEST: Clerk _ Page 4 of 4 Printed on: 06/06/20 II

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