State of Maine v. Sanchez
This text of State of Maine v. Sanchez (State of Maine v. Sanchez) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF MAINE SUPERIOR COURT KENNEBEC, ss CRIMINAL ACTION DOCKET NO. CR-0?-329 N M - KeN - Ja,r':JO/JOO~ STATE OF MAINE
v. ORDER ON MOTION TO SUPPRESS DAREN SANCHEZ,
Defendant
The defendant seeks to suppress evidence obtained as a result of the stop of the
truck operated by the defendant on 2/27/09. The defendant argues that the officer
lacked sufficient specific and articulable facts to justify the stop. For the following
reasons, the motion is denied.
FINDINGS OF FACT
The findings of fact made on the record at the conclusion of the hearing are
incorporated into this order by reference.
CONCLUSIONS OF LAW
In order to justify a brief investigatory stop, "a police officer must have an
articulable suspicion that criminal conduct or a civil violation has occurred, is occurring,
or is about to occur, and the officer's suspicion must be 'objectively reasonable in the
totality of the circumstances.'" State v. Brown, 1997 ME 90, (quoting State v. Cusack. 649 A.2d 16, 18 (Me. 1994». The officer's suspicion must be reasonable, not fail proof. State v. Taylor, 1997 ME 81, 1997); State v. Hill, 606 A.2d 793, 94-95 (Me. 1992). "A investigatory stop is valid when it is 'supported by specific and articulable facts which/ taken as a whole and together with rational inferences from those facts/ reasonably warrant the police intrusion.'" See Taylor, 1997 ME 8L (quoting Hill, 606 A.2d at 795). "The reasonable suspicion standard requires less than probable cause that a crime was being committed/ but more than speculation or an unsubstantiated hunch." State v. Sampson, 669 A.2d 1326/ 1328 (Me. 1996). "Suspicion of a civil violation provides adequate specific and articulable facts." Taylor, 1997 ME 81/ Officer Gove observed the truck drifting to the right side of the road/ then jerking back to the left/ and almost stopping at a green light when there was no oncoming traffic. He also determined that the truck's leaky and loud aftermarket exhaust would not pass inspection. That determination was supported by the testimony of Harry Booth/ the owner of the truck operated by the defendant. The officer's observations provided adequate specific and articulable facts to justify the stop. The entry is The Motion to Suppress is DENIED. .. Date: December 30/ 2009 Nancy Mills Justice/ Superior 2 STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. DAREN W SANCHEZ Docket No AUGSC-CR-2009-00329 10 MOUNTAIN RD WASHINGTON ME 04574 DOCKET RECORD DOB: 04/22/1982 Attorney: WALTER MCKEE State's Attorney: EVERT FOWLE LIPMAN & KATZ & MCKEE, PA 227 WATER STREET PO BOX 1051 AUGUSTA ME 04332-1051 RETAINED 04/08/2009 Filing Document: CRIMINAL COMPLAINT Major Case Type: MISDEMEANOR (CLASS D,E) Filing Date: 02/27/2009 Charge(s) 1 OPERATING UNDER THE INFLUENCE-l PRIOR 02/27/2009 GARDINER Seq 9879 29-A 2411 (I-A) (B) (1) Class D GOVE / GAR Docket Events: 05/07/2009 Charge(s): 1 TRANSFER - TRANSFER FOR JURY TRIAL EDI ON 05/07/2009 @ 18:00 TRANSFERRED CASE: SENDING COURT CASEID AUGDCCR200900426 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 02/27/2009 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 04/15/2009 @ 10:00 in Room No. 1 NOTICE TO PARTIES/COUNSEL Charge (s): 1 HEARING - ARRAIGNMENT WAIVED ON 04/15/2009 BAIL BOND - $500.00 CASH BAIL BOND FILED ON 02/28/2009 BAIL BOND - CASH BAIL BOND DISBURSEMENT ON 05/05/2009 Party(s) : DAREN W SANCHEZ ATTORNEY - RETAINED ENTERED ON 04/08/2009 Attorney: WALTER MCKEE Charge(s): 1 PLEA - NOT GUILTY ENTERED BY COUNSEL ON 04/15/2009 TRIAL - BENCH SCHEDULED FOR 05/19/2009 @ 8:30 in Room No. 1 NOTICE TO PARTIES/COUNSEL TRIAL - BENCH NOT HELD ON 04/29/2009 TRIAL - BENCH NOTICE SENT ON 04/16/2009 page 1 of 4 Printed on: 12/30/2009 DAREN W SANCHEZ AUGSC-CR-2009-00329 DOCKET RECORD Charge(s): 1 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 04/08/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 05/19/2009 @ 8:30 in Room No. 1 NOTICE TO PARTIES/COUNSEL 05/07/2009 HEARING - MOTION TO SUPPRESS NOT HELD ON 04/29/2009 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 04/16/2009 Charge(s): 1 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 04/08/2009 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/19/2009 @ 8:30 in Room No. 1 NOTICE TO PARTIES/COUNSEL HEARING - MOTION FOR DISCOVERY NOT HELD ON 04/29/2009 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/19/2009 @ 8:30 in Room No. 1 NOTICE TO PARTIES/COUNSEL HEARING - MOTION FOR DISCOVERY NOT HELD ON 04/29/2009 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 04/16/2009 Charge(s): 1 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 04/29/2009 Charge(s): 1 TRANSFER - TRANSFER FOR JURY TRIAL GRANTED ON 05/05/2009 Charge(s): 1 TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 04/29/2009 Charge(s): 1 FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 05/05/2004 AUGSC 05/11/2009 Charge(s): 1 TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 05/08/2009 RECEIVED FROM AUGUSTA DISTRICT COURT DOCKET NO:CR-09-426 05/11/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 07/08/2009 @ 8:30 NOTICE TO PARTIES/COUNSEL 05/11/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 07/08/2009 @ 8:30 NOTICE TO PARTIES/COUNSEL 05/11/2009 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 07/08/2009 @ 8:30 NOTICE TO PARTIES/COUNSEL 05/11/2009 BAIL BOND - $500.00 CASH BAIL BOND FILED ON 05/07/2009 Page 2 of 4 Printed on: 12/30/2009 DAREN W SANCHEZ AUGSC-CR-2009-00329 DOCKET RECORD Bail Receipt Type: CR Bail Amt: $500 Receipt Type: CK Date Bailed: 02/27/2009 Prvdr Name: DAREN W SANCHEZ Rtrn Name: DAREN W SANCHEZ 05/14/2009 MOTION - MOTION TO AMEND COMPLAINT FILED BY STATE ON 05/13/2009 07/07/2009 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 07/07/2009 07/08/2009 HEARING - MOTION TO SUPPRESS NOT HELD ON 07/08/2009 07/08/2009 HEARING - MOTION FOR DISCOVERY NOT HELD ON 07/08/2009 07/08/2009 HEARING - MOTION TO SUPPRESS NOT HELD ON 07/08/2009 07/10/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 10/06/2009 @ 2:15 NOTICE TO PARTIES/COUNSEL 10/07/2009 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 10/07/2009 Attorney: WALTER MCKEE 10/09/2009 MOTION - MOTION TO CONTINUE GRANTED ON 10/07/2009 DONALD H MARDEN , JUSTICE COpy TO PARTIES/COUNSEL 10/09/2009 MOTION - MOTION TO CONTINUE GRANTED ON 10/07/2008 DONALD H MARDEN , JUSTICE COpy TO PARTIES/COUNSEL 10/09/2009 HEARING - MOTION TO SUPPRESS CONTINUED ON 10/07/2009 DONALD H MARDEN , JUSTICE 10/09/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/09/2009 @ 1:30 NOTICE TO PARTIES/COUNSEL 10/09/2009 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 10/09/2009 12/09/2009 HEARING - MOTION TO SUPPRESS CONTINUED ON 12/09/2009 12/09/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/10/2009 @ 8:30 NOTICE TO PARTIES/COUNSEL 12/09/2009 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 12/10/2009 @ 8:30 NOTICE TO PARTIES/COUNSEL 12/11/2009 HEARING - MOTION TO SUPPRESS HELD ON 12/10/2009 NANCY MILLS , JUSTICE Attorney: WALTER MCKEE Defendant Present in Court
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