STATE OF :tviAINE DISTRICT COURT KENNEBEC, SS. Augusta Docket No. CR-2014-0958
STATE OF MAINE ) ) ) ) v. ) Order on Defendant's Motion to Suppress ) ) Franklin Arbour, ) Defendant. )
A hearing was held on the defendant's motion to suppress on July 23, 2015. The defendant was seeking to suppress statements which he made following his arrest in the wake of a search warrant which had been executed at his residence, on September 17,2014.
STATEMENT OF 11-IE FACTS
On September 17, 2014, officials from the Augusta Police Department executed a search warrant at the defendant's residence in Augusta, commencing at approximately 4:00 PM. Present in the residence was a woman identified as Angela Sousa. Seized pursuant to this search warrant was a significant quantity of Heroin, Cocaine and Marijuana. The defendant was not present at the time of the officer's arrival Ms. Sousa was asked whether she knew where the defendant was, and was initially released by the police, and advised that she could not remain on premises while the search warrant was conducted. At approximately 6:00PM, the defendant arrived at the premises and announced to Detective Cote: "Go ahead and arrest me now. My girlfriend had nothing to do with this." Detective Cote responded by asking whether the defendant wished to talk, and the defendant responded that he did not.
The defendant was transported to the Augusta Police Department by Detectives Cote and Dos Santos. Upon arrival at the police station, the defendant was brought to an interview room. From the testimony of the officers, combined with the video provided by the defense, the court determines that the following occurred at the police station: The defendant was alone in the interview room for approximately two minutes, handcuffed behind his back. Detective Dos Santos came into the room and spent less than two minutes describing what had occurred that day to the defendant. Detective Dos Santos explained that Angela Sousa had been arrested and charged with Possession of Scheduled Drugs, although the detective did not know the amount of bail set on the Sousa matter. The defendant replied to this information "She had nothing to do with it. Its all me". The detective finished his preliminary talk, telling the defendant that it was nothing personal, and that he (the detective) was primarily interested in the stolen tools found upon the premises, although he could not give the defendant a free pass on anything that had occurred. At this point, Detective Dos Santos read the defendant his Miranda warn.IDg, and the defendant invoked, declining to speak further with the detective. The detective then said that the defendant could reach out to him, should the defendant change his mind.
On December 23, 2014, the defendant filed a motion to suppress statements, alleging that the statements made by the defendant during his encounter vvith the police on September 17, 2014, were in violation of Miranda v. Arizona, 384 U.S. 436 (1966). The defendant further alleged that his statements were obtained in violation of his sixth amendment right to counsel.
DISCUSSION
During the hearing, the defendant's counsel stated that she was not seeking to suppress the statements made by the defendant while at his residence, before his transport to the police station. The court determines that these statements were not made as the result of any interrogation conducted by the police, and were spontaneously made by the defendant, without any prompting from the police. The defendant does seek suppression of statements made by him at the police station. In Rhode Island v. Innis, 446 U.S. 291 (1980) the United States Supreme Court held that "the term interrogation under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect. The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police." Id. at 292.
In the present case, the defendant contends that the mentioning of Angela Sousa's arrest on drug possession charges prompted the defendant to declare that "she had nothing to do with this. Its all me". The defendant asks the court to conclude that Detective Dos Santos was aware that the defendant had made a similar statement at the house as Detective Dos Santos's supplemental police report reported that the defendant had made these statements prior to transport to the police station. At the hearing, Detective DosSantos testified that his recollection was that he had only been informed by Detective Cote that the defendant had asked to be arrested, upon arrival at his residence. Looking back, Detective Dos Santos, could not be positive as to what statements of the defendant he was aware of, as he brought the defendant to the police station.
In State v. Bragg, 48 A.3d 769, our Law Court considered an appeal from a trial court's denial of the defendant's motion to suppress evidence. In Bragg, the police discovered that Ms. Bragg had gone off of a rural road in Rockport, while on routine patrol. Following observations, and certain field-sobriety tests, Bragg was placed under arrest for OUI. When the police advised her that her blood alcohol test was a .13, Bragg responded that she had thought that when she ordered the second margarita at dinner it was probably a bad idea. Id. at 771. The court ruled that "although we have not yet addressed this exact issue, other courts have recognized thatsimply presenting a defendant with evidence against her does not necessarily constitute an interrogation for Miranda purposes. (citing Caputo v. Nelson, 455 F.3d 45, 50-51 (1st Cir. 2006). The court in Bragg, also cited with approval that "The Innis definition of interrogation is not so broad as to capture within Miranda's reach all declaratory statements made by police officers concerning the nature of the charges against the suspect and the evidence relating to those charges." (citing Easley v. Frey 433 F.3d 969, 974 (7th Cir. 2006). Finally, the court in Bragg concluded that "although Bragg argues that the information was given in such a manner as to be reasonably likely to elicit an incriminating response, Ford's statement that her blood alcohol level was over the state limit was, in tlris context, "a matter of fact communication of the evidence". As the state correctly points out, pursuant to Maine law, Bragg was entitled to that information at her request ... Given that Bragg was entitled to that information, the officer's simple statement relating that information, though unrequested, does not constitute a statement reasonably likely to elicit an incriminating response". Id. Bragg. At 773-774.
In the present case, Detective Dos Santos provided the defendant with a brief summary as to what had occurred and what evidence had been seized. The defendant was not invited to or encouraged to respond to the detective's statement. The defendant reiterated to Detective DosSantos, what he had informed Detective Cote, at the residence previously, that Angela Sousa had nothing to do with what had been discovered at the residence. Dos Santos stopped the defendant from making any further statements. After the defendant invoked his rights, following a reading of his Miranda warning, the police quickly ended any communication with the defendant. The entire exchange between the defendant and Detective Dos Santos at the police station lasted less than five minutes.
The court cannot conclude that the actions of Detective Dos Santos in providing the defendant with a summary of the evidence against him, and infonuation as to the status of Ms. Sousa, constitutes a statement reasonably likely to elicit an incriminating response, nor was such a statement calculated to do so.
Accordingly, the defendant's motion to suppress is denied.
Dated: July 24, 2015
!STRICT COURT STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. FRANKLIN F ARBOUR, JR Docket No AUGSC-CR-2014-00958 58 RIVER ST #2 AUGUSTA ME 04332 DOCKET RECORD
DOB: 05/03/1976 Attorney: LUANN CALCAGNI State's Attorney: KATIE SIBLEY LAW OFFICES OF LUANN L. CALCAGNI BOX 265 WINTHROP ME 04364 APPOINTED 10/10/2014
Filing Document: CRIMINAL COMPLAINT Major Case Type: FEI.ONY (CLASS A,B,C) Filing Date: 09/19/2014
Charge(s}
1 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 09/17/2014 AUGUSTA Seq 9064 17-A 1105-A(1} (H) Class A
2 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 09/17/2 014 AUGUSTA Seq 11550 17-A 1105-A(1} (B) (1} Class A
3 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 09/17/2014 AUGUSTA Seq 11550 17-A 1105-A(1} (B) (1} Class A
4 UNLAWFUL TRAFFICKING IN SCHEDULED DRUGS 09/17/2014 AUGUSTA Seq 8541 17 -A 1103 (1-A} (A} Class B
5 UNLAWFUL TRAFFICKING IN SCHEDULED DRUGS 09/17/2014 AUGUSTA Seq 8546 17 -A 1103 (1-A} (F) Class C
6 AGGRAVATED CULTIVATING OF MARIJUANA 09/17/2014 AUGUSTA Seq 11562 17 -A 1105 -D (1} (A} (2} Class B
7 UNLAWFUL POSSESSION OF SCHEDULED DRUG 09/17/2014 AUGUSTA Seq 8566 17-A 1107-A(1} (A} (2} Class B
8 UNLAWFUL POSSESSION OF SCHEDULED DRUG p9/17/2014 AUGUSTA Seq 8568 17-A 1107-A(1} (B) (1} Class C
Docket Events:
09/19/2014 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 09/19/2014
09/19/2014 Charge(s): 1,2,3,4,5,6,7,8 CR 200 Page 1 of 6 Printed on: 07/28/2015 FRANKLIN F ARBOUR, JR AUGSC-CR-2014-00958 DOCKET RECORD HEARING - INITIAL APPEARANCE SCHEDULE OTHER COURT ON 09/19/2014 at 01:00 p.m.
WATDC 09/23/2014 Charge(s): 1,2,3,4,5,6,7,8 HEARING - INITIAL APPEARANCE HELD ON 09/19/2014
09/23/2014 Charge(s): 1,2,3,4,5,6,7,8 HEARING - STATUS CONFERENCE SCHEDULED FOR 11/25/2014 at 10:00 a.m.
09/23/2014 Charge(s): 1,2,3,4,5,6,7,8 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 09/19/2014
09/23/2014 BAIL BOND - $100,000.00 CASH BAIL BOND SET BY COURT ON 09/19/2014
NO USE/POSS OF ALCHOLIC BEV OR ILLEGAL DRUGS .. TO BE SEARCHED AJIT) TESTED AT ANY TIME .. NO CONTACT W/ANGIE SOUSA CURFEW 9 PM TO 6 AM .. MAY BE REVIEWED. 10/10/2014 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 10/10/2014
10/13/2014 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 10/10/2014 ROBERT E MULLEN , JUSTICE COPY TO PARTIES/COUNSEL 10/13/2014 Party(s): FRANKLIN F ARBOUR JR ATTORNEY - APPOINTED ORDERED ON 10/10/2014
Attorney: LUANN CALCAGNI 10/13/2014 Charge (s): 1,2,3,4,5,6,7,8 HEARING - STATUS CONFERENCE NOTICE SENT ON 10/10/2014
11/19/2014 Charge (s): 1,2,3,4,5,6,7,8 HEARING - STATUS CONFERENCE NOT HELD ON 11/14/2014
11/19/2014 Charge (s) : 1,2,3,4,5,6,7,8 SUPPLEMENTAL FILING - INDICTMENT FILED ON 11/14/2014
11/19/2014 Charge(s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT SCHEDULED FOR 11/25/2014 at 10:00 a.m.
11/19/2014 Charge{s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT NOTICE SENT ON 11/19/2014
11/20/2014 OTHER FILING - NOTICE OF JOINDER FILED BY STATE ON 11/18/2014
11/20/2014 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 11/05/2014
11/25/2014 Charge{s): 1,2,3,4,5,6,7,8 HEARING - ARRAIGNMENT HELD ON 11/25/2014 DONALD H MARDEN , JUSTICE READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT /INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 11/25/2014 Charge{s): 1,2,3,4,5,6,7,8 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 11/25/2014
11/25/2014 TRIAL - DOCKET CALL SCHEDULED FOR 01/05/2015 at 09:30 a.m. CR 200 Page 2 of 6 Printed on: 07/28/2015 FRANKLIN F ARBOUR, JR AUGSC-CR-2014-00958 DOCKET RECORD
11/25/2014 BAIL BOND- $35,000.00 CASH BAIL BOND SET BY COURT ON 11/25/2014 DONALD H MARDEN , JUSTICE CASH OR 60,000.00 SURITY ... NO USE/POSS OF ALCHOLIC BEV OR ILLEGAL DRUGS TO BE SEARCHED AND TESTED AT ANY TIME ... NO CONTACT W/ANGIE SOUSA .. CURFEW 9PM - 6 MI. 12/19/2014 MOTION - MOTION TO SUPPRESS EVIDENCE FILED BY DEFENDANT ON 12/19/2014
12/23/2014 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 12/23/2014
12/23/2014 MOTION - MOTION RELIEF PREJUDICIAL JOIN FILED BY DEFENDANT ON 12/23/2014
12/23/2014 MOTION - MOTION TO SUPPRESS STATEMENT FILED BY DEFENDANT ON 12/23/2014
12/23/2014 HEARING - MOTION TO SUPPRESS STATEMENT SCHEDULED FOR 02/03/201~) at 10:30 a.m.
NOTICE TO PARTIES/COUNSEL 12/23/2014 HEARING - MOTION RELIEF PREJUDICIAL JOIN SCHEDULED FOR 02/0312015 at 10:30 a.m.
12/23/2014 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 02/03/2015 at 10:30 a.m.
NOTICE TO PARTIES/COUNSEL 01/0512015 TRIAL - DOCKET CAUL HELD ON 0110512015 M MICHAELA MURPHY , JUSTICE Defendant Present in Court 0 1/ o5 I 2 0 15 Charge ( s) : 1, 2 , 3 , 4 , 5 , 6 , 7 , 8 TRIAL - DOCKET CALL SCHEDULED FOR 02103/2015 at 10:30 a.m.
01/05/2015 Party{s): STATE OF MAINE ATTORNEY - WITHDRAWN ORDERED ON 01105/2015
Attorney: MAEGHAN MALONEY 01/05/2015 Party{s): STATE OF MAINE ATTORNEY - RETAINED ENTERED ON 01/05/2015
Attorney: KATIE SIBLEY 01/20/2015 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 01/2012015
02/04/2015 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 02/0312015
3RD MOTION FILED BY DEF. 02/04/2015 MOTION - OTHER MOTION FILED BY DEFENDANT ON 02/03/2015
DEF'S SUPPLEMENTAL MOTION IN SUPPORT OF FRANKS HEARING. 0 2/ 0 9 I 2 0 15 Charge ( s) : 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 TRIAL - DOCKET CALL HELD ON 02103/2015 ANDREW M HORTON , JUDGE Defendant Present in Court 02/09/2015 HEARING - MOTION RELIEF PREJUDICIAL JOIN CONTINUED ON 02/03/2015
02/0912015- HEARING - MOTION FOR DISCOVERY CONTINUED ON 02/03/2015
02/09/2015 HEARING - MOTION TO SUPPRESS STATEMENT CONTINUED ON 02/0312015
CR 200 Page 3 of 6 Printed on: 07128/2015 FRANKLIN F ARBOUR, JR AUGSC-CR-2014-00958 DOCKET RECORD 02/09/2015 Charge(s): 1,2,3,4,5,6,7,8 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/18/2015 at 08:30 a.m.
02/09/2015 Charge(s): 1,2,3,4,5,6,7,8 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 02/09/2015
03/23/2015 Charge(s): 1,2,3,4,5,6,7,8 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/18/2015 ROBERT E MULLEN , JUSTICE 03/26/2015 Charge(s): 1,2,3,4,5,6,7,8 TRIAL- DOCKET CALL SCHEDULED FOR 04/08/2015 at 09:15 a.m. in Room No. 1
03/26/2015 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL NOTICE SENT ON 03/26/2015
04/15/2015 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL HELD ON 04/08/2015 M MICHAELA MURPHY , JUSTICE Defendant Present in Court
SET ALL MOTIONS FOR 5/26 AND DOCKET CALL 6/1/15 04/15/2015 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL SCHEDULED FOR 06/01/2015 at 09:30 a.m. in Room No. 3
04/15/2015 HEARING - OTHER MOTION SCHEDULED FOR 05/26/2015 at 08:30 a.m. in Room No. 1
MOTION IN SUPPORT OF FRANK'S HEARING 04/15/2015 HEARING - OTHER MOTION NOTICE SENT ON 04/15/2015
MOTION IN SUPPORT OF FRANK'S HEARING 04/15/2015 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/26/2015 at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 04/15/2015 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 04/15/2015
04/15/2015 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/26/2015 at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 04/15/2015 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 04/15/2015
04/15/2015 HEARING - MOTION TO SUPPRESS STATEMENT SCHEDULED FOR 05/26/201:i at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 04/15/2015 HEARING - MOTION TO SUPPRESS STATEMENT NOTICE SENT ON 04/15/2015
04/15/2015 HEARING - MOTION RELIEF PREJUDICIAL JOIN SCHEDULED FOR 05/26/2015 at 08:30 a.m. in Room No. 1
04/15/2015 HEARING - MOTION RELIEF PREJUDICIAL JOIN NOTICE SENT ON 04/15/2015
04/15/2015 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/26/2015 at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 04/15/2015 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 04/15/2015 CR 200 Page 4 of 6 Printed on: 07/28/2015 FRANKLIN F ARBOUR, JR AUGSC-CR-2014-00958 DOCKET RECORD
04/15/2015 HEARING - MOTION TO SUPPRESS EVIDENCE SCHEDULED FOR 05/26/2015 at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 04/15/2015 HEARING - MOTION TO SUPPRESS EVIDENCE NOTICE SENT ON 04/15/2015
04/15/2015 MOTION - MOTION TO AMEND BAIL GRANTED ON 11/25/2014 DONALD H MARDEN , JUSTICE COPY TO PARTIES/COUNSEL BAIL AMENDED TO 35,000 CASH AND 60,000 SURETY 06/08/2015 HEARING - MOTION TO SUPPRESS EVIDENCE HELD ON 05/26/2015 M MICHAELA MURPHY , JUSTICE Attorney: LUANN CALCAGNI DA: KATIE SIBLEY Defendant Present in Court 06/08/2015 MOTION - MOTION TO SUPPRESS EVIDENCE DENIED ON 05/26/2015 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 06/08/2015 HEARING - MOTION RELIEF PREJUDICIAL JOIN NOT HELD ON 05/26/201~3
06/08/2015 MOTION - MOTION RELIEF PREJUDICIAL JOIN WITHDRAWN ON 05/26/201~3
06/08/2015 MOTION - MOTION FOR DISCOVERY WITHDRAWN ON 05/26/2015
06/08/2015 MOTION - OTHER MOTION DENIED ON 05/26/2015 M MICHAELA MURPHY , JUSTICE DEF'S SUPPLEMENTAL MOTION IN SUPPORT OF FRANKS HEARING. DENIED BASED ON 4 CORNERS ARGUMENT AND MOTION DENIED THIS DATE 06/08/2015 HEARING - OTHER MOTION HELD ON 05/26/2015 M MICHAELA MURPHY , JUSTICE Defendant Present in Court
MOTION IN SUPPORT OF FRANK'S HEARING 06/08/2015 HEARING - MOTION FOR DISCOVERY NOT HELD ON 05/26/2015
06/08/2015 HEARING - MOTION TO SUPPRESS STATEMENT HELD ON 05/26/2015 M MICHAELA MURPHY , JUSTICE Defendant Present in Court
COURTROOM 1 0 6/ 0 8/2 0 15 Charge ( s ) : 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 TRIAL - DOCKET CALL HELD ON 06/01/2015 ROBERT E MULLEN , JUSTICE Defendant Present in Court 06/08/2015 HEARING - MOTION FOR DISCOVERY NOT HELD ON 05/26/2015
06/08/2015 MOTION - MOTION FOR DISCOVERY MOOT ON 05/26/2015
06/08/2015 Charge(s): 1,2,3,4,5,6,7,8 MOTION - MOTION FOR FINDINGS OF FACT FILED BY DEFENDANT ON 06/01/2015
Attorney: LUANN CALCAGNI 0 6/ 0 8/2 0 15 Charge ( s) : 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 CR 200 Page 5 of 6 Printed on: 07/28/2015 FRANKLIN F ARBOUR, JR AUGSC-CR-2014-00958 DOCKET RECORD MOTION - MOTION FOR FINDINGS OF FACT DENIED ON 06/08/2015 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 06/08/2015 ORDER - COURT ORDER FILED ON 06/08/2015 M MICHAELA MURPHY , JUSTICE ORDER ON MOTION FOR FINDINGS AND CONCLUSIONS 06/08/2015 Charge(s): 1,2,3,4,5,6,7,8 TRIAL - DOCKET CALL SCHEDULED FOR 08/03/2015 at 09:30 a.m. in Ftoom No. 3
06/29/2015 HEARING - MOTION FOR DISCOVERY NOT HELD ON 05/26/2015
06/29/2015 MOTION - MOTION FOR DISCOVERY MOOT ON 05/26/2015
06/29/2015 HEARING - MOTION TO SUPPRESS STATEMENT SCHEDULED FOR 07/23/201:; at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL 06/29/2015 HEARING - MOTION TO SUPPRESS STATEMENT NOTICE SENT ON 06/29/20].5
06/29/2015 HEARING - OTHER MOTION SCHEDULED FOR 07/23/2015 at 08:30 a.m. in Room No. 1
FRANK'S HEARING 06/29/2015 HEARING - OTHER MOTION NOTICE SENT ON 06/29/2015
FRANK I s HEARING 07/17/2015 HEARING - OTHER MOTION NOT HELD ON 07/17/2015
FRANK'S HEARING 07/23/2015 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 07/21/2015
NEED AAG'S POSITION - SENT TO AAG KATIE SIBLEY 07/23/15 07/28/2015 HEARING - MOTION TO SUPPRESS STATEMENT HELD ON 07/23/2015 EVERT FOWLE ' JUDGE Defendant Present in Court 07/28/2015 MOTION - MOTION TO SUPPRESS STATEMENT UNDER ADVISEMENT ON 07/23/2015 EVERT FOWLE , JUDGE 07/28/2015 MOTION - MOTION TO SUPPRESS STATEMENT DENIED ON 07/24/2015 EVERT FOWLE , JUDGE COPY TO PARTIES/COUNSEL
A TRUE COPY ATTEST: Clerk
CR 200 Page 6 of 6 Printed on: 07/28/2015