State of Maine v. Conway

Superior Court of Maine·Decided February 17, 2021·No. CUMcr-19-5690·Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. DOCKET NO: CR-19-5690

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STATE OF MAINE, )

) ORDER ON DEFENDANT'S v. ) MOTION TO SUPPRESS )

ZACHARY CONWAY )

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Before the Court is Defendant Zachary Conway's Motion to Suppress. Mr. Conway challenges the validity of a search warrant issued by the Maine District Court for property located in New Hampshire. A hearing on the motion was held on January 27, 2021. For the reasons set forth below, Defendant's Motion to Suppress is GRANTED.

I. Facts The following facts are taken from the affidavits submitted with the search warrant, as well as the facts elicited at hearing:

On October 5, 2019, Sergeant Phillip Jones (now, and hereinafter referred to as "Captain Jones") of the Bridgton Police Department responded to an armed robbery alleged to have taken place in Bridgton. Captain Jones met with Katrina Parker, who stated that three men forcefully removed multiple bags of cannabis plants from her home. Parker told police that two of the men appeared to be carrying firearms; and, one of the men struck her with a "crow bar." She said she recognized one of them, who was later identified as the Defendant, Zachary Conway. Ms. Parker also told Captain Jones that the men were driving "a blue/green sedan with New Hampshire plates."

Captain Jones was able to "ping" the location of the cellphone, alleged to belong to the Defendant, in Conway, New Hampshire. Captain Jones contacted the Conway Police regarding the cellphone ping. Based on the cellphone location data, Conway Police officers contacted an individual who stated that the Defendant approached him about committing a robbery. The individual stated that the Defendant was driving a blue Toyota Corolla registered in the State of New Hampshire. Captain Jones was later informed that the cellphone "ping" indicated movement from Conway to Manchester, New Hampshire.

Manchester Police contacted Captain Jones and informed him that Zachary Conway was also the subject of a separate investigation they were conducting. Captain Jones learned that Manchester Police had spoken with the Defendant's girlfriend, Tehya Charbonneau and obtained a text message sent by Charbonneau to the Defendant referencing "the robbery." (Aff. and R. for Search Warrant pg. 5.) Captain Jones stated that Charbonneau also provided the following information to Manchester Police:

"[Defendant] had rented a U-Haul truck and made plans to go to Conway, NH with Tehya, her two daughters, and two other friends who she identified as Ryan Barden [DOB omitted] and Brandon Desauliners [DOB omitted]. All of them went to North Conway traveling in the U-Haul [sic] and the Toyota Corolla that was registered to [Defendant]. One [sic] in North Conway, Tehya and her daughters were left at the Applebee's restaurant and the three males drove away in the two vehicles. While she was in the restaurant, Tehya checked a location function on [Defendant's]

phone and observed that he was in Maine in a town that she

described as 'Bridge-something." She told them that [Defendant]

had planned to go to Maine to visit his friend named 'Steve.' Tehya also stated that Ryan and Brandon were known to carry BB guns that appeared to be real firearms."

During the course of their separate investigation, Manchester Police had obtained a search warrant for the Toyota sedan. They seized both the Toyota Sedan and U-Haul truck. Captain Jones was advised that Manchester Police had observed a crow bar during their search of the Toyota, which they left undisturbed because it fell outside the scope of their search warrant.

On October 16, 2020, eight days after learning all of the above, Captain Jones sought and obtained a search warrant in the Maine District Court for both the Toyota and U-Haul. The application indicated that both vehicles were "currently being secured by the Manchester Police Department, NH." The warrant permitted officers to search both vehicles and seize the following items: burglar's tools, including crow bars; firearms and or items resembling firearms; cannabis stored in trash bags; cell phones, including the Verizon Trac phone; and receipts, ledgers, lists and any other documents showing the identity and details of either vehicle's occupants. Captain Jones traveled to Manchester, NH that same day. He searched both vehicles and seized a number of items.

II. Discussion The Maine Constitution provides that "[t]he people shall be secure in their, persons, houses, papers and possessions from all unreasonable searches and seizures[.]" Me. Const. Art. I,§ 5; see also U.S. Const. Amend. IV. A search conducted without a warrant is presumed unreasonable unless some other exception to the warrant requirement is found. See e.g. State v. Martin, 2015 ME 91,' 8, 120 A.3d 113.

Defendant Zachary Conway seeks to suppress the items seized by Captain Jones from the Toyota and U-Haul vehicles, upon execution of the Maine search warrant in New Hampshire. Because the search was conducted pursuant to a warrant, the Court must first determine whether the warrant was valid. If the warrant was invalid, the Court must next determine whether the search performed by Captain Jones falls into a recognized exception to the warrant requirement. Finally, the court must decide whether suppression is warranted under the circumstances in this case .

A. Validity of Search Warrant It has long been recognized that, "any search is per se unreasonable if it lacks two essentials: (1) the existence of probable cause, and (2) the prior determination of such probable cause by a neutral and detached magistrate[.]" State v. Richards, 296 A.2d 129, 135 (Me. 1972); see also Johnson v. United States, 333 U.S. 10, 13-14 (1949). In Maine, the District Court's authority to issue a search warrant is granted by statute, which provides: "a judge of the District Court ... shall issue search warrants for any place in the state for such purposes as the Constitution of the United States and the Constitution of Maine permit[.]" 15 M.R.S. § 55 (emphasis added).

The Maine District Court issued a search warrant for property located in Manchester, New Hampshire. There is no authority in the Maine Constitution, statutes, or other interstate compact that grants a Maine judge authority to issue a search warrant for any place or property located outside the territorial boundaries of Maine. As such, the District Court lacked the authority to issue a search warrant for the property located in New Hampshire and the warrant is therefore void ab initio. 1 The State's argument that the warrant is valid because it was issued for Captain Jones to enforce the laws of the State of Maine, is unpersuasive. Captain Jones authority to seek and execute a search warrant during an investigation of a Maine crime does not vest the Maine District Court with the authority to authorize the search of property located in New Hampshire. Indeed, it is a fundamental principle of Maine law that the authority of the State does not extend past its territorial boundaries. See l M.R.S. § 1 ("[t]he jurisdiction and sovereignty of the State extend to all places within its boundaries"). Furthermore, and for the reasons discussed below, this Court cannot contravene the sovereignty of a separate State, nor its separate constitutional protections, simply because an officer was investigating a violation of Maine law.

Based on the forgoing, the court finds and concludes that the search warrant was void ab initio; and, as such, the Defendant's motion to suppress shall be considered in the same light as warrantless search. Before considering whether an exception to the warrant requirement applies, however, the Court first determines what authority, if any, Captain Jones had to search property that was located outside the State of Maine.

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State of Maine v. Conway, (Me. Super. Ct. 2021).

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