State of Maine v. Meuse

• Court: Superior Court of Maine
• Decided: April 11, 2012
• Docket: CUMcr-12-460
• Status: Unpublished

Opinion

STATE OF MAINE CUMBERLAND COUNTY UNIFIED CRIMINAL COURT Docket No. G /2.- I d.., -4 ~ ()

State of Maine ORDER ON MOTION

v. Joseph Meuse

The State was represented by: ADA Michael Madigan

The Defendant was represented by: Jon Languet, Esq.

The court has carefully considered the following motions: 0 1. The Defendant's Motion to Suppress which was heard on April10, 2012.

0 2. The court concludes :

On November 19, 2011 Freeport Officer Matthew Moorhouse received a call from dispatch indicating a vehicle was reported to be operating erratically on I-295 heading northbound from Yarmouth. No other identifying information was provided. Based upon the location and lack of any significant traffic at that time on I-295, Officer Moorhouse focused his attention on the vehicle being driven by Mr. Meuse which was taking Exit 20 into Freeport. Officer Moorhouse testified that he observed the vehicle being driven 10 to 15 mph slower than the posted speed and as it took the exit, he observed it to brake abruptly two to three times to slow down. Upon reaching the intersection at the end of the exit he observed it stop despite a green light. It then proceeded through the intersection and pulled off to the right.

Officer Moorhouse passed the vehicle and upon checking his rear view mirror elected to return to check on the driver. As he came back, the vehicle had resumed travel and he decided to pull it over. Contrary to the police report, a review of the DVD indicates Mr Meuse had activated his left blinker before the blue lights were activated. Mr Meuse uneventfully pulled to the right and stopped.

To allow a vehicle stop reasonable articulable suspicion is required. That suspicion can be that a criminal violation has occurred or that a civil or traffic violation has occurred. State v Webber 759 A.2d 724 (Me. 2000). Further brief police intrusions based upon safety concerns are also lawful. See e.g. State v. Gulick 759 A.2d 1085 (Me. 2000).

Reasonable articulable suspicion is less proof than a preponderance or even probable cause and must exceed a hunch or speculation. State v. Eklund 760 A.2d 622 (Me. 2000).

While Officer Moorhouse was wrong about the timing of the blinker, the court concludes he was credible about his observations of Mr. Meuse's driving and these rose to the level of reasonable suspicion to allow a stop to investigate a potential crime and to assess the safety of Mr. Meuse's continued operation ofhis vehicle.

0 3. THEREFORE, it is hereby ORDERED as follows:

Motion to Suppress is denied.

The Clerk is directed to incorporate this order by reference on the docket.

Date: _ _ ~~rJ--'11~/-J:.....o.~~<_ __ C\0 Justice Maine Superior Court STATE OF MAINE VS JOSEPH J MEUSE Docket No CUMCD-CR-2012-00460 18 WEST HAMLET ROAD NEWCASTLE ME 04553 DOCKET RECORD DOB: 09/02/1953 Attorney: JON LANGUET State's Attorney: MICHAEL MADIGAN LANGUET LAW LLC PO BOX 249 TOPSHAM ME 04086-0249 RETAI NED 02/08/2012 Charge(s) 1 OPERATING UNDER THE INFLUENCE-NO TEST 11/19/2011 FREEPORT Seq 11521 29-A 2411(1-A)(C)(l) Class D

Docket Events: 01/20/2012 Charge(s): TRANSFER- PERMANENT TRANSFER EDI ON 01/20/2012 at 06:00p.m.

TRANSFERRED CASE: SENDING COURT CASEID WESDCCR201101367 FILING DOCUMENT- NON CASH BAIL BOND FILED ON 11/22/2011

Charge(s): 1 ,2 HEARING- ARRAIGNMENT SCHEDULED FOR 01/17/2012 at 08:30a.m. in Room No.

NOTICE TO PARTIES/COUNSEL Charge(s): 1,2 HEARING- ARRAIGNMENT HELD ON 01117/2012 RALPH TUCKER , JUDGE Defendant Present in Court DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS BAIL BOND- $2,500.00 UNSECURED BAIL BOND FILED ON 11/22/2011

Bail Amt: $2,500 Date Bailed: 11/19/2011 01/20/2012 BAIL BOND- UNSECURED BAIL BOND TRANSFERRED ON 01120/2012

Date Bailed: 11/19/2011 Charge(s): 1 SUPPLEMENTAL FILING- COMPLAINT FILED ON 01/05/2012

Charge(s): 1 PLEA- NOT GUILTY ENTERED .BY DEFENDANT ON 01/17/2012

Charge(s): 1 TRANSFER- PERMANENT TRANSFER GRANTED ON 01/17/2012

Charge(s): 1 TRANSFER- PERMANENT TRANSFER REQUESTED ON 01/17/2012

Charge(s): 1 FINDING- PERMANENT TRANSFER TRANSFERRED ON 01/20/2012

CUM CD 01/27/2012 Charge(s): CR-200 Page 1 of 2 Printed on: 04/12/2012 JOSEPH J MEUSE CUMCD-CR-2012-00460 DOCKET RECORD TRANSFER- TRANSFER FOR JURY TRIAL RECVD BY COURT ON 01/24/2012 TERESA SAWYER-BLACK , ASSISTANT CLERK WESbC CR-2011-1367 01/27/2012 HEARING- DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/15/2012 at 09:30a.m. in Room No. 7

01/27/2012 HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON 01/27/2012

01/27/2012 Charge(s): 1 TRIAL- JURY TRIAL SCHEDULED FOR 04/23/2012 at 08:30a.m. in Room No. 11

NOTICE TO PARTIES/COUNSEL 02/01/2012 NOTE- OTHER CASE NOTE ENTERED ON 02/01/2012

NOTICE OF DISPOSITIONAL DATE RETURNED UNDELIVERABLE 02/08/2012 Party(s): JOSEPH J MEUSE ATTORNEY- RETAINED ENTERED ON 02/08/2012

Attorney: JON LANGUET 03115/2012 HEARING- DISPOSITIONAL CONFERENCE HELD ON 03/15/2012 ROLAND A COLE , JUSTICE Attorney: JON LANGUET DA: MICHAEL MADIGAN MOTION TO SUPPRESS TO BE ALED AND HEARD 4-10-12@ 1:00 03/19/2012 HEARING- MOTION TO SUPPRESS SCHEDULED FOR 04110/2012 at 01:00p.m.

NOTICE TO PARTIES/COUNSEL 03/19/2012 MOTION- MOTION TO SUPPRESS FILED BY DEFENDANT ON 03/15/2012

04112/2012 HEARING- MOTION TO SUPPRESS HELD ON 04/10/2012 JOHN H ONEIL JR, JUDGE Attorney: JON LANGUET DA: MICHAEL MADIGAN TAPE 3771 DEFENDANTS EXHIBITS 1 & 2 OFFERED AND ADMITTED. AFTER HEARING MOTION TAKEN UNDER ADVISEMENT 04/12/2012 MOTION- MOTION TO SUPPRESS DENIED ON 04111/2012 JOHN H ONEIL JR, JUDGE COPY TO PARTIES/COUNSEL 04112/2012 ORDER- COURT ORDER FILED ON 04/11/2012 JOHN H ONEIL JR, JUDGE ORDER ON MOTION

A TRUE COPY ATTEST: ----------------------- Clerk

CR-200 Page 2 of2 Printed on: 04112/2012