State of Maine v. Sanchez

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, <JI 5, 694 A.2d 453, 455

(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, <JI 9, 694 A.2d 909-10 n.5 (Me.

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 <j[ 9/ 694 A.2d at 909

(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/

<j[ 9/694 A.2d at 909 (citing Hill, 606 A.2d at 795; 29-A M.R.S. §§ 103/ 104/ 190L 1912).

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

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

ER, TAPE#1264, INDEX#5431 12/11/2009 Charge(s): 1 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 12/10/2009 NANCY MILLS , JUSTICE

Page 3 of 4 Printed on: 12/30/2009

DAREN W SANCHEZ AUGSC-CR-2009-00329

DOCKET RECORD

12/11/2009 Charge(s): 1 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 12/10/2009 NANCY MILLS , JUSTICE

12/30/2009 Charge(s): 1 MOTION - MOTION TO SUPPRESS DENIED ON 12/30/2009 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL

12/30/2009 HEARING - MOTION FOR DISCOVERY NOT HELD ON 12/10/2009 NANCY MILLS , JUSTICE

12/30/2009 Charge (s): 1 MOTION - MOTION FOR DISCOVERY WITHDRAWN ON 12/10/2009 NANCY MILLS , JUSTICE

12/30/2009 Charge(s): 1 MOTION - MOTION TO SUPPRESS DENIED ON 12/30/2009 NANCY MILLS , JUSTICE COpy TO PARTIES/COUNSEL

A TRUE COPY ATTEST:

Clerk

Page 4 of 4 Printed on: 12/30/2009