State of Maine v. Distasio

Opinion

STATE OF MAINE UNIFIED CRIMINAL COURT CUMBERLAND, ss. PORTLAND D•.,.-ocket No. CR-12~4~or 0 ~ .'f/Y} ~---cuff\- t;7 J 1

1

STATE OF MAINE )

) ORDER:ON MOTION TO SUPPRESS v. )

)

MICHELLE ROSE DISTASIO )

A hearing was held on Defendant's Motion to Suppress on December 20, 2012.

Defendant was present, represented by Attorney Robert LeBrasseur. The State was represented by Paige Streeter.

Defendant seeks to suppress all of the evidence resulting from the stop of her vehicle. She alleges that the stop violated her Fourth Amendment rights because it was effected without the requisite "reasonable articulable suspicion."

The court heard testimony from Officer Stephen Hinkley, the officer who conducted the stop. He testified that he observed Defendant's vehicle make a right turn while the vehicle's left turn signal was engaged, followed by a left turn made without using any turn signal.

The standard governing automotive stops is well-established: "In order to support a brief investigatory stop of a motor vehicle, such as the stop in this case, a police officer must have an objectively reasonable, articulable suspicion that either criminal conduct, a civil violation, or a threat to public safety has occurred, is occurring, or is about to occur. The officer's suspicion that any of these circumstances exist must be objectively reasonable in the totality of the circumstances." See, e.g., State v. Porter, 2008 ME 175, ~ 8, 960 A.2d 321, 323 (citing State v. Sylvain, 2003 ME 5, ~ 11, 814 A.2d 984, 987).

Applying this standard, the comi fmds that Defendant's conduct with respect to the vehicle's turn signals gave rise to reasonable articulable suspicion justifying the stop of her vehicle. C.f State v. Pinkham, 565 A.2d 318, 318-19 (Me. 1989) (vacating suppression where officer had reasonable articulable suspicion to pull defendant over after observing defendant pass straight through intersection despite being in right lane marked with right turn directional arrow).

Accordingly, it is hereby ORDERED that Defendant's Motion to Suppress 1s DENIED.

DATED: --H-\\J-L-\--"'Jo=--\c..w:$>'----

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STATE OF MAINE vs MICHE LE ROSE DISTASIO Docket No CUMCD-CR-2012-04808 2 DAN~EL ST GORHAM ME 04038 DOCKET RECORD

DOB: C) 9/26/1973 Attorney: ROBERT LEBRASSEUR State's Attorney: STEPHANIE ANDERSON LAW OFFICE OF ROBERT C LEBRASSEUR PC 415 CONGRESS STREET SUITE 202 PORTLAND ME 04101 RETAINED 09/06/2012

Charge(s)

1 ¢PERATING UNDER THE INFLUENCE 07/15/2012 GORHAM Seq 11493 29-A 2411(1-A) (A) Class D HINKLEY / GOR

Dock~t Events• 07/23~2012 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 07/18/2012

07/23~2012 Charge(s): 1 HEARING- ARRAIGNMENT SCHEDULED FOR 09/12/2012 at 08:30 a.m. in Room No. 1

NOTICE TO PARTIES/COUNSEL 07/23)2012 BAIL BOND - $2,500.00 UNSECURED BAIL BOND FILED ON 07/18/2012

Bail Amt: $2,500 Date Bailed: 07/15/2012 682

08/30)2012 Charge(s): 1 SUPPLEMENTAL FILING - COMPLAINT FILED ON 08/28/2012 JAMES TURCOTTE , ASSISTANT CLERK 09/06)2012 Party(s): MICHELLE ROSE DISTASIO ATTORNEY - RETAINED ENTERED ON 09/06/2012 I

Attorney: ROBERT LEBRASSEUR 09/12)2012 Charge(s): 1 HEARING- ARRAIGNMENT WAIVED ON 09/12/2012 at 08:30a.m. in Room No. 1

09/12 2012 Charge(s): 1 PLEA- NOT GUILTY ENTERED BY COUNSEL ON 09/12/2012 at 08:30a.m. in Room No. 1

09/12 2012 Charge(s): 1 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 11/06/2012 at 08:30a.m. in Room No. 7

09/12 2012 Charge(s): 1 TRIAL - JURY TRIAL SCHEDULED FOR 01/14/2013 at 08:30a.m. in Room No. 11

NOTICE TO PARTIES/COUNSEL 10/24 2012 Charge(s): 1 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 10/24/2012 JUSTIN WESLEY , ASSISTANT CLERK-E CR 200 Page 1 of 2 Printed on: 01/07/2013

MICHELLE ROSE DISTASIO

CUMCD-CR-2012-04808

DOCKET RECORD

11/07 2012 Charge(s): 1 HEARING- DISPOSITIONAL CONFERENCE HELD ON 11/06/2012 at 12:00 p.m. JOYCE A WHEELER , JUDGE Attorney: ROBERT LEBRASSEUR DA: WILLIAM BARRY NO AGREEMENT. MOTION TO SUPPRESS TO BE FILED 11/07 2012 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 11/07/2012

Attorney: ROBERT LEBRASSEUR 11/07 2012 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 11/29/2012 at 01:00 p.m.

NOTICE TO PARTIES/COUNSEL 1.1/07 2012 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 11/07/2012 JUSTIN WESLEY , ASSISTANT CLERK-E 11/20)2012 HEARING - MOTION TO SUPPRESS NOT HELD ON 11/20/2012

MOVED TO 12/6/12 DUE TO OVERCROWDING 11/20/2012 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/06/2012 at 01:00p.m. in Room No. 7

NOTICE TO PARTIES/COUNSEL 11/20/2012 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 11/20/2012

11/30/2012 MOTION - MOTION TO CONTINUE FILED BY STATE ON 11/29/2012

UNOPPOSED MOTION TO CONTINUE 12/6/12 MOTION HEARING.

11/30/2012 MOTION - MOTION TO CONTINUE GRANTED ON 11/30/2012 JOYCE A WHEELER , JUSTICE COPY TO PARTIES/COUNSEL

11/30/1'2012 HEARING - MOTION TO SUPPRESS CONTINUED ON 11/30/2012 1

11/30/12012 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/20/2012 at 01:00p.m.

i I NOTICE TO PARTIES/COUNSEL 11/3 0/12 012 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 11/30/2012 i o 1 I o 7112 o 13 HEARING - MOTION TO SUPPRESS HELD ON 12/20/2012 i THOMAS D WARREN , JUSTICE 01/07/12013 MOTION - MOTION TO SUPPRESS DENIED ON 01/07/2013 MARY KELLY , JUDGE

I COPY TO PARTIES/COUNSEL 01/07 ho13 ORDER - COURT ORDER FILED ON 01/07/2013 MARY KELLY , JUDGE IT IS HEREBY ORDERED THAT THE DEFENDANT'S MOTION TO SUPPRESS IS DENIED

A TRU COPY ATTES Clerk

CR 200 Page 2 of 2 Printed on: 01/07/2013