State of Maine V. Carter

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STATE OF MAINE KENNEBEC, ss SUPERIOR COURT CRIMINAL ACTION DOCKET NO. CR-12-001 N /tj . K.EJ'·) -- 4/ 2 q I? l ;l_ STATE OF MAINE ORDER ON DEFENDANT'S MOTION TO SUPPRESS v. MATTHEW CARTER, Defendant .The findings of fact made on the record at the conclusion of the hearing are incorporated into this order by reference. The court concludes that the defendant was not under arrest. State v. Higgins, 2002 ME 77, 9I9I 12-13, 796 A.2d 50, 54. But if he was under arrest, the officer had sufficient probable cause to believe the defendant's senses were "affected to the slightest degree, or to any extent," by the alcohol the officer believed the defendant consumed, based on the odor of intoxicating beverage coming from the defendant's facial area. See State v. Webster, 2000 ME 115, 9I 7, 754 A.2d 976, 977-78. The entry is The Defendant's Motion to Suppress is DENIED. ¢ Date: May 24, 2012 Nancy Mills Justice, Superior Court STATE OF MAINE SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2012-00001 VS MATTHEW J CARTER 187 DINSMORE RD SIDNEY ME 04330 DOCKET RECORD DOB: 11/26/1987 Attorney: SCOTT HESS THE LAW OFFICE OF SCOTT F HESS, LLC 82 WINTHROP STREET AUGUSTA ME 04330 APPOINTED 12/15/2011 State's Attorney: EVERT FOWLE Filing Document: CRIMINAL COMPLAINT Filing Date: 11/30/2011 Major Case Type: MISDEMEANOR (CLASS D,E) Charge(s} 1 OPERATING UNDER THE INFLUENCE Seq 11493 29-A 2411 (1-A} (A} 10/30/2011 AUGUSTA Class D Docket Events: 01/03/2012 Charge (s) : 1 TRANSFER- TRANSFER FOR JURY TRIAL EDI ON 01/03/2012 at 06:00p.m. TRANSFERRED CASE: SENDING COURT CASEID AUGDCCR201101854 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 11/30/2011 Charge(s): 1 HEARING- ARRAIGNMENT SCHEDULED FOR 12/14/2011 at 08:30 a.m. in Room No. 1 NOTICE TO PARTIES/COUNSEL Charge (s) : 1 HEARING - ARRAIGNMENT HELD ON 12/14/2011 DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS Charge(s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 12/14/2011 TRIAL- BENCH SCHEDULED FOR 01/17/2012 at 08:30a.m. in Room No. 1 NOTICE TO PARTIES/COUNSEL TRIAL - BENCH NOT HELD ON 01/03/2012 TRIAL - BENCH NOTICE SENT ON 12/22/2011 Charge (s) : 1 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 12/14/2011 Charge(s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 12/15/2011 ROBERT E MULLEN , JUDGE COPY TO PARTIES/COUNSEL CR 200 Page 1 of 3 Printed on: 05/30/2012 MATTHEW J CARTER AUGSC-CR-2012-00001 DOCKET RECORD Party(s): MATTHEW J CARTER ATTORNEY - APPOINTED ORDERED ON 12/15/2011 Attorney: SCOTT HESS Charge(s): 1 TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 12/30/2011 Charge(s): 1 FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 01/03/2012 AUGSC 01/05/2012 TRIAL - DOCKET CALL SCHEDULED FOR 03/06/2012 at 11:00 a.m. 01/05/2012 Charge(s): 1 TRANSFER - PERMANENT TRANSFER RECVD BY COURT ON 01/03/2012 AUGUSTA DISTRICT COURT 02/01/2012 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 01/31/2012 Attorney: 02/21/2012 HEARING- SCOTT HESS MOTION TO SUPPRESS SCHEDULED FOR 03/09/2012 at 08:30 a.m. NOTICE TO PARTIES/COUNSEL 02/21/2012 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 02/21/2012 02/29/2012 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 02/29/2012 Attorney: SCOTT HESS DOCKET CALL ONLY .... 03/02/2012 TRIAL - DOCKET CALL CONTINUED ON 03/02/2012 NANCY MILLS , JUSTICE 03/02/2012 MOTION - MOTION TO CONTINUE GRANTED ON 03/01/2012 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 03/02/2012 TRIAL - DOCKET CALL SCHEDULED FOR 04/03/2012 03/02/2012 TRIAL - DOCKET CALL NOTICE SENT ON 03/02/2012 03/07/2012 TRIAL - DOCKET CALL NOT HELD ON 03/06/2012 03/07/2012 HEARING - MOTION TO SUPPRESS CONTINUED ON 03/06/2012 03/07/2012 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 03/13/2012 at 01:00 p.m. NOTICE TO PARTIES/COUNSEL 03/07/2012 MOTION - MOTION TO CONTINUE FILED BY STATE ON 03/06/2012 03/07/2012 MOTION - MOTION TO CONTINUE GRANTED ON 03/06/2012 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 03/07/2012 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 03/07/2012 03/12/2012 OTHER FILING CR 200 OTHER DOCUMENT FILED ON 03/12/2012 Page 2 of 3 Printed on: 05/30/2012

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