State of Maine v. Michael Journet

2018 ME 114

• Court: Supreme Judicial Court of Maine
• Decided: August 14, 2018
• Status: Published

Opinion

MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2018 ME 114 Docket: Ken-17-492 Argued: May 15, 2018 Decided: August 14, 2018

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

STATE OF MAINE

v.

MICHAEL JOURNET

ALEXANDER, J.

[¶1] Michael Journet appeals from a judgment of conviction entered by

the trial court (Kennebec County, Stanfill, J.) for aggravated trafficking of

scheduled drugs (Class A), 17-A M.R.S. § 1105-A(1)(B)(1) (2017), following his

conditional guilty plea, see M.R.U. Crim. P. 11(a)(2). On appeal, Journet

challenges the order of the motion court (L. Walker, J.) denying his motion to

suppress evidence seized by, and statements made to, the police after he was

arrested without a warrant. Journet argues that the officers lacked probable

cause to effectuate a warrantless arrest, and that, as a result of the unlawful

arrest, the statements made and evidence seized after the arrest are subject to

suppression. We affirm the judgment. 2

I. PROCEDURAL HISTORY

[¶2] On December 18, 2015, Journet was charged by complaint with two

counts of aggravated trafficking in scheduled drugs (Class A), 17-A M.R.S

§ 1105-A(1)(B)(1) and (H) (2017), and one count of violating a condition of

release (Class E), 15 M.R.S. § 1092(1)(A) (2017). On March 24, 2016, he was

indicted by the Kennebec County grand jury for the felony charges. On

November 29, 2016, the court conducted a hearing on Journet’s motion to

suppress the heroin seized and the statements he made to the arresting officers

on December 16, 2015.

[¶3] In its order dated February 9, 2017, the motion court denied

Journet’s motion and included the following specific findings, all of which are

fully supported by the record. On December 16, 2015, law enforcement officers

executed a search warrant at a residence in Augusta. Illegal drugs were

discovered at the residence. A cooperating individual at the residence advised

that his drug supplier would be arriving at the residence that evening—

between 5:00 p.m. and 6:00 p.m—to deliver ten grams of heroin. The

cooperating individual told the officers that the dealer was a black male whom

he knew as “Troy,” that he would be driving a blue BMW SUV and coming from

the Portland area, and that “his known practice was to transport heroin inside

of his pants.” 3

[¶4] In its order, the trial court also found that the “cooperating

[individual] set up a buy with his supplier . . . memorialized in text

communications” and that the detective “observed the sale orchestrated

through text message.” Although the record does not specifically support a

finding that the detective observed the cooperating individual “set up a buy,” it

does support the court’s finding that a “buy” had been arranged between the

cooperating individual and his supplier, and that the officer observed that the

buy had been “orchestrated through text message.”

[¶5] At approximately 6:40 p.m., a little later than the time given by the

individual at the residence, a blue BMW SUV with a black male driver and a

white passenger was seen turning onto the dead-end street. At that time, law

enforcement officers stopped the vehicle. Journet, the driver of the blue BMW

SUV, was arrested and later confessed to the possession of heroin.

[¶6] Based on these findings, the motion court concluded that, at the time

Journet’s vehicle was stopped and he was apprehended in the course of

committing a felony drug offense, law enforcement officers, collectively, had

more than enough information to establish probable cause to stop the vehicle 4

and arrest Journet. After entry of the motion court’s decision, no motion for

further findings was filed by Journet.1 See M.R.U. Crim. P. 23(c).

[¶7] On September 28, 2017, the court (Stanfill, J.) accepted Journet’s

conditional guilty plea to Count 1, aggravated trafficking in scheduled drugs

(Class A), 17-A M.R.S. § 1105-A(1)(B)(1), pursuant to M.R.U. Crim. P. 11(a)(2).

Count 2, the second count for aggravated trafficking in scheduled drugs

(Class A), 17-A M.R.S. § 1105-A(1)(H), was dismissed.2 On November 1, 2017,

the court sentenced Journet to a term of imprisonment of eight years with all

but four years suspended, as well as four years of probation and a $400 fine.

The execution of the sentence was stayed pending this appeal. On

November 9, 2017, Journet timely appealed the denial of his motion to

suppress. See 15 M.R.S. § 2115 (2017); M.R. App. P. 2A, 2B.

II. REVIEW OF THE RECORD

[¶8] When a motion court’s finding of probable cause is challenged on

appeal and there was no motion for further findings after the entry of the

motion court’s order, we review the evidence in the entire record in the light

1 Following an adverse ruling in which a court states findings, it may be a competent tactical

choice not to file a motion for further findings. “Not requesting findings . . . appears a competent tactical choice; a request for findings could have invited adverse findings, fully supported by the record . . . .” State v. Commeau, 2004 ME 78, ¶ 21 n.10, 852 A.2d 70. 2 Count 3 alleging a violation of a condition of release, 15 M.R.S. § 1092(1)(A) (2017), was

apparently dismissed. 5

most favorable to the motion court’s order to determine if the findings and

conclusions are supported by the record. See State v. Kierstead, 2015 ME 45,

¶ 2, 114 A.3d 984.

[¶9] As Journet points out, the information used by the officers to arrest

him came entirely from a cooperating individual that none of the officers

involved in Journet’s arrest had worked with before. The discovery of illegal

drugs at the cooperating individual’s house, however, demonstrated that he

was acquiring drugs from someone. The court found that the cooperating

individual identified his dealer as a black man whom he knew as “Troy,” who

drove a blue BMW SUV, and who would be coming to the residence from the

Portland area that very evening. At the motion hearing, an officer testified that

he saw text messages confirming that the heroin delivery described by the

cooperating individual was “still good to go” for later that day.

[¶10] The court’s findings are supported by evidence that the involved

residence is located on a very short, dead-end street that is accessed from a

major street. Taking advantage of that location, four officers were stationed

near the residence to watch for a blue BMW SUV with a black male driver.

Another officer parked his vehicle near the airport on the major street, which

one might use when travelling from Portland to the residence, to watch for the

vehicle. 6

[¶11] At around 6:40 p.m., a little later than the time given by the

individual at the residence, a blue BMW SUV with a black male driver and a

white passenger drove past the location near the airport. At that point, the

officer near the airport notified the officers near the residence that a blue BMW

SUV with a black male driver and a white passenger had just driven by his

location.

[¶12] A detective stationed in a parking lot near the residence received

the call and noticed the “same vehicle” pass his location. After observing the

vehicle turn onto the dead-end street and approach the area of the residence,

he initiated a traffic stop. Another officer waiting in his patrol car on the side

of the road observed the detective initiate the stop. The other officer

immediately approached the vehicle and, as the BMW was coming to a stop near

the residence, he “positioned [his] vehicle in front of it so that after the vehicle

was stopped it couldn’t . . . go further.”

[¶13] Journet, the driver, was ordered out of the vehicle. After a pat

down search, Journet was handcuffed and transported to the Kennebec County

Sheriff’s Office. He later confessed to possession of heroin. After the arrest, a

baggie containing nearly ten grams of heroin was produced by the passenger.

[¶14] Journet does not appear to contest that, at the time the vehicle was

stopped, the officers had reasonable articulable suspicion of criminal activity 7

sufficient to initiate the stop and question the vehicle occupants. See State v.

Violette, 2016 ME 65, ¶¶ 3-4, 138 A.3d 491. Journet contends, however, that

the police lacked sufficient probable cause to believe that he was engaged in

criminal conduct to justify his warrantless arrest.

III. LEGAL ANALYSIS

[¶15] The standards to support probable cause to arrest are well

established. In the circumstances of this case, law enforcement officers may

make a warrantless arrest when an officer has probable cause to believe that a

person has committed or is committing any Class A, B, or C crime. 17-A M.R.S.

§ 15(1)(A)(2) (2017); State v. Lagasse, 2016 ME 158, ¶ 13, 149 A.3d 1153.

“‘Probable cause exists where facts and circumstances within the knowledge of

the officers and of which they have reasonably trustworthy information would

warrant a prudent and cautious person to believe that the arrestee did commit

or is committing the felonious offense.’” Lagasse, 2016 ME 158, ¶ 13,

149 A.3d 1153 (quoting State v. Parkinson, 389 A.2d 1, 8 (Me. 1978)); see also

Maryland v. Pringle, 540 U.S. 366, 370-71 (2003).

[¶16] Probable cause includes the collective information known to the

police; it is not limited to the personal knowledge of the arresting officer.

Lagasse, 2016 ME 158, ¶ 14, 149 A.3d 1153; State v. Carr, 1997 ME 221, ¶ 7,

704 A.2d 353. Probable cause exists if, based on an objective examination of 8

the facts known or reasonably believed by the officer or officers, “an ordinarily

prudent and cautious officer would have probable cause to arrest or search.”

State v. Enggass, 571 A.2d 823, 825 (Me. 1990) (quoting State v. Heald,

314 A.2d 820, 828 (Me. 1973)).

[¶17] When a finding of probable cause is challenged on appeal and there

was no motion for further findings after the entry of the motion court’s order,

we review the evidence in the entire record in the light most favorable to the

motion court’s order. See Kierstead, 2015 ME 45, ¶ 2, 114 A.3d 984. To

determine whether the law enforcement officers here had reasonably

trustworthy information that would warrant a prudent and cautious officer to

believe that Journet did commit or was committing a crime, see Lagasse,

2016 ME 158, ¶ 13, 149 A.3d 1153, we look at the record indicating the

information the officers had when Journet was stopped and arrested.

[¶18] The court’s findings underlying its determination that probable

cause existed are supported by the following evidence in the record and

reasonable inferences that may be drawn from that evidence:

• The officers had obtained a warrant based on probable cause to search a residence located on a very short, dead-end street for evidence of illegal drug trafficking.

• Information supporting that probable cause was sufficient for a judicial officer to issue a search warrant for the residence.

• Illegal drugs were found at the residence upon execution of the search warrant.

• The individual at the residence when the search warrant was executed, responding to a suggestion that he cooperate, disclosed that the supplier of the illegal drugs found at the residence was a black man he knew as “Troy.”

• The individual also disclosed that the supplier regularly transported illegal drugs to the Augusta area.

• The individual advised that the supplier was planning to arrive at the residence with approximately ten grams of heroin between 5:00 p.m. and 6:00 p.m. that evening.

• The individual then “showed [the officers] text messages that corroborated this information,” indicating that the heroin delivery was “good to go” as described to the officers.

• The individual also advised that the supplier would be driving a blue BMW SUV and would be coming from the Portland area.

• At 6:40 p.m., a little after the scheduled arrival time for the drug supplier, a blue BMW SUV driven by a black man drove on the major street that was anticipated to be the likely travel route toward the residence for a vehicle coming from Portland.

• This observation corroborated the individual’s statements describing the vehicle, the driver, and the time of arrival.

• That information was further corroborated when the described vehicle— driven by Journet—turned off the major street onto the dead-end side street and approached the residence where illegal drugs had been found earlier in the day.

[¶19] This was the totality of the information that the police possessed

at the time Journet was arrested,3 and it provides more than sufficient support

for the officers to determine that they had probable cause to stop and arrest

Journet as he approached the residence to complete his heroin delivery.

[¶20] Citing the motion court’s reference to the “tipster’s anemic resume

as an informant,” Journet contends that the individual who spoke with the

police had insufficient indicia of reliability because the police had not had prior

experience with him. However, much of what the individual said was

separately corroborated, leading the motion court to conclude that the

individual was “providing exceptionally accurate information regarding

Mr. Journet.”

[¶21] The police raid earlier in the day confirmed that the residence that

Journet was approaching was a place of drug trafficking. The individual’s

statements regarding the plan for Journet to supply drugs to the residence that

evening were corroborated by the text messages viewed by the officers. The

individual’s description of the route Journet might travel from Portland; the

make, model, and color of the vehicle Journet would be driving; and the

3 The passenger initially refused to say anything, exercising her right to remain silent, and then

began crying and screaming when pressed about whether there were any illegal substances on her person. These facts could also support a determination of probable cause to arrest Journet, but the record is unclear as to whether this event occurred before or after Journet was taken into custody. Therefore, this event was not used by the trial court to support the probable cause determination. 11

approximate time of Journet’s arrival at the residence were all corroborated by

the officers’ observations leading to the vehicle stop on the dead-end street

near the residence.

[¶22] As already noted, probable cause to arrest without a warrant exists

when the facts and circumstances collectively known to the police, and of which

they have reasonably trustworthy information, would warrant a prudent and

cautious person to believe that the arrestee did commit or was committing a

crime. Lagasse, 2016 ME 158, ¶¶ 13-14, 149 A.3d 1153; Carr, 1997 ME 221, ¶ 7,

704 A.2d 353. The probable cause standard was satisfied here where, as the

court found, the information stated by the individual pointing to Journet as the

drug supplier was corroborated by the evidence in the record as described

above.

[¶23] Because there was sufficient corroborated information to warrant

any prudent and cautious person to believe that Journet was committing the

offense of heroin trafficking, a felony, the trial court’s denial of the motion to

suppress must be affirmed.

The entry is:

Judgment affirmed.

Leonard I. Sharon, Esq. (orally), Andrucki & King, Lewiston, and Jamesa J. Drake, Esq., Drake Law, LLC, Auburn, for appellant Michael Journet

Maeghan Maloney, District Attorney, and Tyler J. LeClair, Asst. Dist. Atty. (orally), Prosecutorial District IV, Augusta, for appellee State of Maine

Kennebec County Unified Criminal Docket docket number CR-2015-2430 FOR CLERK REFERENCE ONLY