STATE OF MAINE SUPERIOR COURT KENNEBEC, ss '\ ,\. CRIMINAL ACTION l-\ 1 • "'1 L l. DOCKET ~O. CR-08-401.. \.: " .. , /V(V) - Xcii - 11/5
STATE OF MAINE
v. ORDER ON MOTION TO SUPPRESS
DOUGLAS HARRIMAN,
Defendant
The defendant seeks to suppress evidence obtained as a resul t of the stop of the
vehicle he was operating. The defendant argues that the stop was unlawful. For the
following reasons, the motion is denied.
FINDINGS
Monmouth Police Officer Evan Franklin has been a law enforcement officer for
approximately 1.5 years. He met James Phillips, a former Monmouth officer and
current Auburn Police Officer, who had arrested the defendant for OUI several years
previously, at the Monmouth Rescue parking lot on 5/22/08 at approximately 11:40
a.m. (State's Exs. 1, 2.) Officer Phillips reported that he had been in the Monmouth
Credit Union and noticed a strong odor of intoxicating beverage on the defendant's
breath. Officer Phillips gave to Officer Franklin the license plate number and a physical
description of the vehicle, a green truck, operated by the defendant. Officer Phillips
also stated that the defendant had a conditional Q license, which means that the
defendant could consume no alcohol prior to operation. Officer Franklin did not know
what that license status meant at the time, although he knew there was some significance. Officer Phillips stated that he believed the defendant was operating under
the influence.
Officer Franklin proceeded toward Route 202 in Monmouth, looked for the
vehicle described by Mr. Phillips, and located the vehicle as described and with the
license plate noted by Officer Phillips. Officer Franklin called Chief Robert Annese of
the Monmouth Police Department and reported to Chief Annese the information Officer
Phillips had given to Officer Franklin. Officer Franklin asked if he could stop the
vehicle; because he was "so new," he wanted to check to determine whether he was
allowed to make the stop. Officer Franklin watched the truck proceed into a Kwik Stop
parking lot and saw the defendant reenter the vehicle and even tu ally leave the parking
lot, just as Officer Franklin was concluding his phone conversation with Chief Annese.
Chief Annese told Officer Franklin to stop the vehicle. Officer Franklin followed the
truck for a very short distance but did not note any problems with operation. Officer
Franklin stopped the truck, based primarily on the information provided by Officer
Phillips.
CONCLUSIONS
The information from Officer Phillips provided a sufficient basis for the stop. See
State v. Sampson, 669 A.2d 1326, 1328 (Me. 1996). In Sampson, the police received an
anonymous tip that a "possible drunk driver had just been through the drive-in window
at Dunkin' Donuts" along with a description of the car, its location, its direction, and
license plate. Id. at 1327. The information was corroborated when the officer located
the car in close proximity to the area where the car had been reported within two
minutes of receiving the information. Id. at 1328. At the time of the stop, the tip had
been sufficiently corroborated to provide a reasonable articulable suspicion that the
defendant was engaged in criminal activity and justified the stop. Id.; see State v.
2 Burgess, 2001 ME 117, <[ 8, 776 A.2d 1223, 1227 ("investigatory stop based on a tip need
not be corroborated by an officer's observation of suspicious conduct"); State v. Carr,
1997 ME 221, <[ 7, 704 A.2d 353, 356 {"Reasonable and articulable suspicion to conduct
an investigatory stop can rest on the collective knowledge of the police." {citing State v.
Gervais, 394 A.2d 1183, 1189 (Me. 1978))).
The entry is
The Defendant's Motion to Suppress is DENIED.
Date: January 15, 2009 ancy Mills Justice, Superior Court
3 STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. DOUGLAS K HARRIMAN Docket No AUGSC-CR-2008-00407 PO BOX 185 MONMOUTH ME 04259 DOCKET RECORD
DOB: 01/07/1965 Attorney: SHERRY TASH State's Attorney: EVERT FOWLE HAINKE & TASH PO BOX 192 WHITEFIELD ME 04353 APPOINTED OS/29/2008
Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: OS/23/2008
Charge(s)
1 OPERATING UNDER THE INFLUENCE-2 PRIORS OS/22/2008 MONMOUTH Seq 11170 29-A 2411(1-A) (B) (2) Class C
Docket Events:
OS/23/2008 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON OS/23/2008
OS/28/2008 Charge (s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR 07/29/2008 @ 10:00
NOTICE TO PARTIES/COUNSEL OS/29/2008 Charge (s): 1 HEARING - INITIAL APPEARANCE HELD ON OS/23/2008 ROBERT E MULLEN , JUDGE OS/29/2008 Charge(s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 07/29/2008 @ 10:00
OS/29/2008 Charge(s): 1 PLEA - NO ANSWER ENTERED BY DEFENDANT ON OS/23/2008
OS/29/2008 BAIL BOND - $1,000.00 CASH BAIL BOND SET BY COURT ON OS/23/2008 ROBERT E MULLEN , JUDGE NO USE OR POSSESSION OF ALCOHOL/DRUGS, NOT POSSESS SAME; SEARCH AT ANY TIME; NOT OPERATE A MV UNLESS LICENSED TO DO SO OS/29/2008 BAIL BOND - CASH BAIL BOND COMMITMENT ISSUED ON OS/23/2008
OS/29/2008 Charge (s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON OS/28/2008
05/30/2008 Charge (s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON OS/29/2008
COpy TO PARTIES/COUNSEL 05/30/2008 Party(s): DOUGLAS K HARRIMAN ATTORNEY - APPOINTED ORDERED ON OS/29/2008
Page 1 of 4 Printed on: 01/l5/Z009 DOUGLAS K HARRIMAN AUGSC-CR-2008-00407 DOCKET RECORD Attorney: SHERRY TASH 05/30/2008 Charge (s) : 1 HEARING - STATUS CONFERENCE NOTICE SENT ON OS/29/2008
06/02/2008 BAIL BOND - $1,000.00 CASH BAIL BOND FILED ON 06/02/2008
06/02/2008 BAIL BOND - $1,000.00 CASH BAIL BOND FILED ON 06/02/2008
Bail Receipt Type: CR Bail Amt: $1,000 Receipt Type: CK Date Bailed: 06/01/2008 Prvdr Name: DOUGLAS K HARRIMAN Rtrn Name: DOUGLAS K HARRIMAN
07/30/2008 Charge(s): 1 HEARING - STATUS CONFERENCE HELD ON 07/29/2008 NANCY MILLS , JUSTICE 07/30/2008 Charge(s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 09/23/2008 @ 10:00
07/30/2008 Charge (s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 07/30/2008
08/28/2008 Charge (s): 1 HEARING - STATUS CONFERENCE NOT HELD ON 08/28/2008
08/28/2008 Charge (s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 09/09/2008 @ 10:00
08/28/2008 Charge (s): 1 HEARING - ARRAIGNMENT NOTICE SENT ON 08/28/2008
08/28/2008 Charge (s): 1 SUPPLEMENTAL FILING - INDICTMENT FILED ON 08/28/2008
09/03/2008 LETTER - REQUEST FOR PROTECTION FILED ON 09/03/2008
Attorney: SHERRY TASH WANTS THE ARRAIGNMENT TO BE AT 10:00 AM ON 9/9/08 INSTEAD OF 8:30 AM. 09/08/2008 ORDER - TRANSCRIPT ORDER FILED ON 09/08/2008
09/09/2008 Charge (s): 1 HEARING - ARRAIGNMENT HELD ON 09/09/2008 JOHN NIVISON, JUSTICE READING WAIVED. DEFENDANT INFORMED OF CHARGES. COpy OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 09/09/2008 Charge (s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 09/09/2008
09/18/2008 MOTION - MOTION TO PREPARE TRANSCRIPT FILED BY DEFENDANT ON 09/08/2008
09/18/2008 MOTION - MOTION TO PREPARE TRANSCRIPT GRANTED ON 08/18/2008 JOSEPH M JABAR , JUSTICE Page 2 of 4 Printed on: 01/15/2009 DOUGLAS K HARRIMAN AUGSC-CR-2008-00407 DOCKET RECORD COPY TO PARTIES/COUNSEL 10/20/2008 MOTION - MOTION FOR ENLARGEMENT OF TIME FILED BY DEFENDANT ON 10/17/2008
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STATE OF MAINE SUPERIOR COURT KENNEBEC, ss '\ ,\. CRIMINAL ACTION l-\ 1 • "'1 L l. DOCKET ~O. CR-08-401.. \.: " .. , /V(V) - Xcii - 11/5
STATE OF MAINE
v. ORDER ON MOTION TO SUPPRESS
DOUGLAS HARRIMAN,
Defendant
The defendant seeks to suppress evidence obtained as a resul t of the stop of the
vehicle he was operating. The defendant argues that the stop was unlawful. For the
following reasons, the motion is denied.
FINDINGS
Monmouth Police Officer Evan Franklin has been a law enforcement officer for
approximately 1.5 years. He met James Phillips, a former Monmouth officer and
current Auburn Police Officer, who had arrested the defendant for OUI several years
previously, at the Monmouth Rescue parking lot on 5/22/08 at approximately 11:40
a.m. (State's Exs. 1, 2.) Officer Phillips reported that he had been in the Monmouth
Credit Union and noticed a strong odor of intoxicating beverage on the defendant's
breath. Officer Phillips gave to Officer Franklin the license plate number and a physical
description of the vehicle, a green truck, operated by the defendant. Officer Phillips
also stated that the defendant had a conditional Q license, which means that the
defendant could consume no alcohol prior to operation. Officer Franklin did not know
what that license status meant at the time, although he knew there was some significance. Officer Phillips stated that he believed the defendant was operating under
the influence.
Officer Franklin proceeded toward Route 202 in Monmouth, looked for the
vehicle described by Mr. Phillips, and located the vehicle as described and with the
license plate noted by Officer Phillips. Officer Franklin called Chief Robert Annese of
the Monmouth Police Department and reported to Chief Annese the information Officer
Phillips had given to Officer Franklin. Officer Franklin asked if he could stop the
vehicle; because he was "so new," he wanted to check to determine whether he was
allowed to make the stop. Officer Franklin watched the truck proceed into a Kwik Stop
parking lot and saw the defendant reenter the vehicle and even tu ally leave the parking
lot, just as Officer Franklin was concluding his phone conversation with Chief Annese.
Chief Annese told Officer Franklin to stop the vehicle. Officer Franklin followed the
truck for a very short distance but did not note any problems with operation. Officer
Franklin stopped the truck, based primarily on the information provided by Officer
Phillips.
CONCLUSIONS
The information from Officer Phillips provided a sufficient basis for the stop. See
State v. Sampson, 669 A.2d 1326, 1328 (Me. 1996). In Sampson, the police received an
anonymous tip that a "possible drunk driver had just been through the drive-in window
at Dunkin' Donuts" along with a description of the car, its location, its direction, and
license plate. Id. at 1327. The information was corroborated when the officer located
the car in close proximity to the area where the car had been reported within two
minutes of receiving the information. Id. at 1328. At the time of the stop, the tip had
been sufficiently corroborated to provide a reasonable articulable suspicion that the
defendant was engaged in criminal activity and justified the stop. Id.; see State v.
2 Burgess, 2001 ME 117, <[ 8, 776 A.2d 1223, 1227 ("investigatory stop based on a tip need
not be corroborated by an officer's observation of suspicious conduct"); State v. Carr,
1997 ME 221, <[ 7, 704 A.2d 353, 356 {"Reasonable and articulable suspicion to conduct
an investigatory stop can rest on the collective knowledge of the police." {citing State v.
Gervais, 394 A.2d 1183, 1189 (Me. 1978))).
The entry is
The Defendant's Motion to Suppress is DENIED.
Date: January 15, 2009 ancy Mills Justice, Superior Court
3 STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. DOUGLAS K HARRIMAN Docket No AUGSC-CR-2008-00407 PO BOX 185 MONMOUTH ME 04259 DOCKET RECORD
DOB: 01/07/1965 Attorney: SHERRY TASH State's Attorney: EVERT FOWLE HAINKE & TASH PO BOX 192 WHITEFIELD ME 04353 APPOINTED OS/29/2008
Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: OS/23/2008
Charge(s)
1 OPERATING UNDER THE INFLUENCE-2 PRIORS OS/22/2008 MONMOUTH Seq 11170 29-A 2411(1-A) (B) (2) Class C
Docket Events:
OS/23/2008 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON OS/23/2008
OS/28/2008 Charge (s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR 07/29/2008 @ 10:00
NOTICE TO PARTIES/COUNSEL OS/29/2008 Charge (s): 1 HEARING - INITIAL APPEARANCE HELD ON OS/23/2008 ROBERT E MULLEN , JUDGE OS/29/2008 Charge(s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 07/29/2008 @ 10:00
OS/29/2008 Charge(s): 1 PLEA - NO ANSWER ENTERED BY DEFENDANT ON OS/23/2008
OS/29/2008 BAIL BOND - $1,000.00 CASH BAIL BOND SET BY COURT ON OS/23/2008 ROBERT E MULLEN , JUDGE NO USE OR POSSESSION OF ALCOHOL/DRUGS, NOT POSSESS SAME; SEARCH AT ANY TIME; NOT OPERATE A MV UNLESS LICENSED TO DO SO OS/29/2008 BAIL BOND - CASH BAIL BOND COMMITMENT ISSUED ON OS/23/2008
OS/29/2008 Charge (s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON OS/28/2008
05/30/2008 Charge (s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON OS/29/2008
COpy TO PARTIES/COUNSEL 05/30/2008 Party(s): DOUGLAS K HARRIMAN ATTORNEY - APPOINTED ORDERED ON OS/29/2008
Page 1 of 4 Printed on: 01/l5/Z009 DOUGLAS K HARRIMAN AUGSC-CR-2008-00407 DOCKET RECORD Attorney: SHERRY TASH 05/30/2008 Charge (s) : 1 HEARING - STATUS CONFERENCE NOTICE SENT ON OS/29/2008
06/02/2008 BAIL BOND - $1,000.00 CASH BAIL BOND FILED ON 06/02/2008
06/02/2008 BAIL BOND - $1,000.00 CASH BAIL BOND FILED ON 06/02/2008
Bail Receipt Type: CR Bail Amt: $1,000 Receipt Type: CK Date Bailed: 06/01/2008 Prvdr Name: DOUGLAS K HARRIMAN Rtrn Name: DOUGLAS K HARRIMAN
07/30/2008 Charge(s): 1 HEARING - STATUS CONFERENCE HELD ON 07/29/2008 NANCY MILLS , JUSTICE 07/30/2008 Charge(s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 09/23/2008 @ 10:00
07/30/2008 Charge (s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 07/30/2008
08/28/2008 Charge (s): 1 HEARING - STATUS CONFERENCE NOT HELD ON 08/28/2008
08/28/2008 Charge (s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 09/09/2008 @ 10:00
08/28/2008 Charge (s): 1 HEARING - ARRAIGNMENT NOTICE SENT ON 08/28/2008
08/28/2008 Charge (s): 1 SUPPLEMENTAL FILING - INDICTMENT FILED ON 08/28/2008
09/03/2008 LETTER - REQUEST FOR PROTECTION FILED ON 09/03/2008
Attorney: SHERRY TASH WANTS THE ARRAIGNMENT TO BE AT 10:00 AM ON 9/9/08 INSTEAD OF 8:30 AM. 09/08/2008 ORDER - TRANSCRIPT ORDER FILED ON 09/08/2008
09/09/2008 Charge (s): 1 HEARING - ARRAIGNMENT HELD ON 09/09/2008 JOHN NIVISON, JUSTICE READING WAIVED. DEFENDANT INFORMED OF CHARGES. COpy OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 09/09/2008 Charge (s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 09/09/2008
09/18/2008 MOTION - MOTION TO PREPARE TRANSCRIPT FILED BY DEFENDANT ON 09/08/2008
09/18/2008 MOTION - MOTION TO PREPARE TRANSCRIPT GRANTED ON 08/18/2008 JOSEPH M JABAR , JUSTICE Page 2 of 4 Printed on: 01/15/2009 DOUGLAS K HARRIMAN AUGSC-CR-2008-00407 DOCKET RECORD COPY TO PARTIES/COUNSEL 10/20/2008 MOTION - MOTION FOR ENLARGEMENT OF TIME FILED BY DEFENDANT ON 10/17/2008
10/20/2008 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 10/20/2008
10/20/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/05/2008 @ 8:30
NOTICE TO PARTIES/COUNSEL 10/20/2008 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 10/20/2008
10/21/2008 MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 10/20/2008 NANCY MILLS • JUSTICE COpy TO PARTIES/COUNSEL 12/06/2008 HEARING - MOTION TO SUPPRESS CONTINUED ON 12/05/2008
12/06/2008 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 12/23/2008 @ 8:15
NOTICE TO PARTIES/COUNSEL 12/06/2008 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 12/05/2008
12/06/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/23/2008 @ 8:15
NOTICE TO PARTIES/COUNSEL 12/06/2008 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 12/05/2008
12/16/2008 MOTION - MOTION FOR ENLARGEMENT OF TIME FILED BY DEFENDANT ON 12/16/2008
12/16/2008 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 12/16/2008
TO DISMISS INDICTMENT 12/16/2008 ORDER - TRANSCRIPT ORDER FILED ON 12/16/2008
BY DEFENDANT OF ARRAIGNMENT AND COURT'S ADVISEMENT OF RICHTS IN AUGSC-CR-2002-1170 12/16/2008 MOTION - MOTION TO PREPARE TRANSCRIPT FILED BY DEFENDANT ON 12/16/2008
12/24/2008 HEARING - MOTION TO SUPPRESS HELD ON 12/23/2008 NANCY MILLS • JUSTICE Attorney: SHERRY TASH DA: JAMES MITCHELL Reporter: JANETTE COOK Defendant Present in Court 12/24/2008 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 12/23/2008 NANCY MILLS • JUSTICE 12/26/2008 MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 12/26/2008 NANCY MILLS • JUSTICE COPY TO PARTIES/COUNSEL 01/15/2009 MOTION - MOTION TO SUPPRESS DENIED ON 01/14/2009 NANCY MILLS • JUSTICE COPY TO PARTIES/COUNSEL 01/15/2009 MOTION - MOTION TO PREPARE TRANSCRIPT GRANTED ON 12/17/2008 JOHN NIVISON, JUSTICE COpy TO PARTIES/COUNSEL 01/15/2009 HEARING - MOTION FOR DISCOVERY HELD ON 12/23/2008 NANCY MILLS • JUSTICE Page 3 of 4 Printed on: 01/15/2009 DOUGLAS K HARRIMAN AUGSC-CR-200B-00407 DOCKET RECORD Defendant Present in Court
A TRUE COPY ATTEST: Clerk
Page 4 of 4 Printed on: 01/15/2009