State of Maine v. Keel

• Court: Superior Court of Maine
• Decided: March 3, 2008
• Docket: CUMcr-07-1322
• Status: Unpublished

Opinion

STATE OF MAINE CUMBERLAND, ss

STATE OF MAINE

v. ORDER ON DEFENDANT'S MOTION TO SUPPRESS ALONZA KEEL,

Defendant

The defendant argues that the consent to search apartment 409 at 240 Harvard

Street in Portland on May 16, 2007 was tainted and all evidence obtained should be

suppressed. The findings of fact made at the conclusion of the hearing are incorporated

into this order by reference. For the following reasons, the motion to suppress is

denied.

The defendant is charged with three counts of possession of illegal drugs

allegedly found during the search at the Harvard street residence. The defendant has

standing to challenge the search. See State v. Thibodeau, 317 A.2d 172, 176 (Me. 1974).

A search conducted after a valid consent is obtained is an exception to the

warrant requirement. State v. Seamen's Club, 1997 ME 70, ~ 7, 691 A.2d 1248, 1251.

Michelle Boucher's consent was valid. Further, she had sufficient apparent authority to

consent to the search of the residence. See Georgia v. Randolph, 547 U.s. 103, 110-11

(2006); State v. Thibodeau, 317 A.2d 172, 177-78 (Me. 1974).

The defendant signed the bail bond, which provided that he resided at the

Harvard Street address and that he would submit to random searches of his person,

vehicle and residence. consent to [the] search." He presented no evidence that the bail condition is

unreasonable in this case. See State's Ex. 1; State v. Dllring, 1999 "ME 183, 11 12, 19, 27,

741 A.2d 1065, 1068, 1071, 1073.

The entry is

The Defendant's Motion to Suppress is DENIED.

Date: February 26,2008 ancy Mills Justice, Superior Court

A True Copy . /1 Ii /_(~ Attest --d.w:I. U J/\)()a I r.

I! Clerk of ...ourts