STATE OF MAINE UNIFIED CRIMINAL COURT CUMBERLAND, ss. PORTLAND Docket No. CR-18-4649
STATE OF MAINE ) ) ) V. ) ORDER ON DEFENDANT'S ) MOTION TO SUPPRESS ) QUINTON SMITH ) ) Defendant )
Defendant contends that the Portland Police Department violated his Constitutional rights first by stopping him and then by searching him and his vehicle. Defendant claims that in the absence of reasonable articulable suspicion that Defendant was engaging, or about to engage, in criminal conduct, a civil violation, or a threat to public safety, the police had no constitutional basis for detaining him and searching him and his vehicle. The State contends that given the totality of the circumstances the police had such reasonable articulable suspicion, and argues that in any event the police were authorized to search Defendant's vehicle by virtue of Defendant's conditions of probation. An evidentiary hearing was held on December 11, 2018. Assistant Attorney General Johanna Gauvreau appeared and argued on behalf of the State. Attorney Stephen.
-- I
Shea appeared and argued on behalf of Defendant. The court heard testimony from Officer Matthew Morrison of the Portland Police Department as well as oral argument from counsel. For purposes of Defendant's Motion to Suppress, the court makes the following findings of fact: Defendant was driving a rental vehicle in Portland's Bayside neighborhood. Officer Morrison observed the vehicle make four left turns such that it ended up back at the spot where he had first seen it. At that point the vehicle pulled over and let the officers' unmarked police car pass. Approximately fifteen minutes later, Officer Morrison saw the vehicle again, this time reversing thirty feet on the westbound lane of Cumberland Avenue. Defendant parked and exited the car. The officers asked Defendant, "Why are you trying to evade us?" or words to that effect. Defendant then lifted his shirt while stating, "I don't have drugs or a gun on me." At that point the officers exited their vehicle and asked Defendant for his identification. Although Defendant had been driving, he did not have a valid driver's license. Defendant gave consent to a search of his person and his vehicle. A business card in Defendant's pocket revealed that Defendant was on probation. Defendant was then arrested for operating without a license and violation of his probation. After speaking with Defendant's probation officer, a canine officer was called to the scene, and with the help of the police dog officers found crack cocaine wedged between the visor and the roof of the vehicle. Based on the above facts, the court finds that Defendant was not "stopped" for 4lh Amendment purposes until he was asked for his identification. At that point, the totality of the circumstances included, not just the rental car, the suspicious four left turns, and the backing up against traffic, but Defendant's conduct in lifting his shirt and proclaiming that he did not have drugs or a gun on him. The court understands that Defendant's counsel questions whether that actually happened given its omission from Officer Morrison's report, but the court finds the officer's testimony regarding Defendant's conduct and words to be credible. The court finds, moreover, that Defendant consented to the search of his person and his vehicle. Even in the absence of such consent, the search of Defendant's vehicle was authorized by Defendant's conditions of probation, which expressly include the condition that Defendant "shall submit to random search and testing for drugs, firearms and dangerous weapons at the direction of a probation or law enforcement officer." In addition to Defendant's consent and the "random search" probation condition, the court finds in any event that the officers had reasonable articulable suspicion to search the vehicle based on the totality of the circumstances. Accordingly, having considered the facts in light of the constitutional requirements of Maine and Federal law, it is hereby ORDERED that Defendant's Motion to Suppress is hereby DENIED.
DATED: _ / Gf_{Ju-_l] Jed J. rench U · ed Criminal Court Judge
Entered on the Docket: 1~ -1 LJ-t 8'
2 STATE OF MAINE CRIMINAL DOCKET VS CUMBERLAND, ss. QUINTON L SMITH Docket No CUMCD-CR-2018-04649 KENNEBUNK ME 04043 DOCKET RECORD DOB: 04/23/1979 Attorney: RICK WINLING State's Attorney: STEPHANIE ANDERSON FAIRFIELD & ASSOCIATES PA IO STONEY BROOK LANE LYMAN ME 04002 APPOINTED 08/24/2018 Filing Document: CRIMINAL COMPLAINT Major Case T ype: FELONY (CLASS A,B,C) Filing Date: 08/24/2018 Charge(s) 1 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 08/23/2018 PORTLAND Seq 11550 17-A 1105-A(l)(B)(l) Class A
2 UNLAWFUL POSSESSION OF COCAINE BASE 08/23/2018 PORTLAND Seq 13376 17-A I 107-A(l)(B)(3) Class C
3 OPERATE VEHICLE WITHOUT LICENSE 08/23/2018 PORTLAND Seq 9867 29-A 1251 ( 1)(A) Class E
4 CRIMINAL FORFEITURE OF PROPERTY 08/23/2018 PORTLAND Seq 7049 15 5826 Class U
Docket Events: 08/24/2018 FILING DOCUMENT- CRIMINAL COMPLAINT FILED ON 08/24/2018
08/24/2018 Charge(s): 1,2 HEARING - INITIAL APPEARANCE SCHEDULED FOR 08/24/2018 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 08/24/2018 MOTION - MOTION TO AMEND COMPLAINT MADE ORALLY BY STATE ON 08/24/2018
08/24/2018 MOTION - MOTION TO AMEND COMPLAINT GRANTED ON 08/24/2018 LANCE WALKER , JUSTICE COPY TO PARTIES/COUNSEL 08/27/2018 Charge(s): 1,2 HEARING - INITIAL APPEARANCE HELD ON 08/24/2018 JED FRENCH , JUDGE DA: ANGELA CANNON Defendant Present in Court FTR 1 08/27/2018 Charge(s): 1,2 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 08/24/2018
08/27/2018 BAIL BOND - $50,000 .00 CASH BAIL BOND SET BY COURT ON 08/24/2018 _JED FRENCH , JUDGE 08/27/2018 MOTION - MOTION TO AMEND COMPLAINT MADE ORALLY BY STATE ON 08/24/2018
TO AMEND DOB 08/27/2018 MOTION - MOTION TO AMEND COMPLAINT GRANTED ON 08/24/2018 JED FRENCH , JUDGE COPY TO PARTIES/COUNSEL DOB AMENDED TO 4/23/1979
CR-200 Page 1 of 3 Printed on: 12/14/2018 QUINTON L SMITH CUMCD-CR-2018-04649 DOCKET RECORD 08/27/2018 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 08/24/2018
08/27/2018 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 08/24/2018 JED FRENCH , JUDGE COPY TO PARTIES/COUNSEL 08/27/2018 Party(s): QUINTON L SMITH ATTORNEY - APPOINTED ORDERED ON 08/24/2018
Attorney: RICK WINLING 08/27/2018 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 11/21/2018 at 08:30 a.m . in Room No. 7
08/27/2018 TRIAL - JURY TRIAL SCHEDULED FOR 01/14/2019 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 10/04/2018 MOTION - MOTION TO MODIFY FILED BY DEFENDANT ON 10/04/2018
10/04/2018 HEARING - MOTION TO MODIFY SCHEDULED FOR 10/11/2018 at OJ :00 p.m. in Room No.
10/04/2018 HEARING - MOTION TO MODIFY NOTICE SENT ELECTRONICALLY ON 10/04/2018
10/15/2018 HEARING - MOTION TO MODIFY HELD ON 10/11/2018 at 01:00 p.m. in Room No. NANCY MILLS , JUSTICE Attorney: STEPHEN SHEA DA: CARLOS DIAZ Defendant Present in Court FTR I 10/15/2018 MOTION - MOTION TO MODIFY DENIED ON 10/11/2018 ROLAND A COLE , JUSTICE 11/19/2018 Charge(s): 1,2,3,4 HEARING - ARRAIGNMENT SCHEDULED FOR 11/21/2018 at 08:30 a.m. in Room No. 7
11/19/2018 Charge(s): 1,2,3,4 SUPPLEMENTAL FILING - INDICTMENT FILED ON 11/08/2018
11/21/2018 HEARING - DISPOSITIONAL CONFERENCE HELD ON 11/21/2018 THOMAS D WARREN , JUSTICE Attorney: STEPHEN SHEA DA: JOHANNA GAUVREAU CHAMBERS. UNRESOLVED. MOTION FILED. HEARING TO BE SET FOR 12-11 BY AGREEMENT . l 1/21/2018 MOTION - MOTION TO SUPPRESS EVIDENCE FILED BY DEFENDANT ON 11/21/2018
11/21/2018 HEARING - MOTION TO SUPPRESS EVIDENCE SCHEDULED FOR 12/11/2018 at 01 :00 p.m. in Room No.
Free access — add to your briefcase to read the full text and ask questions with AI
STATE OF MAINE UNIFIED CRIMINAL COURT CUMBERLAND, ss. PORTLAND Docket No. CR-18-4649
STATE OF MAINE ) ) ) V. ) ORDER ON DEFENDANT'S ) MOTION TO SUPPRESS ) QUINTON SMITH ) ) Defendant )
Defendant contends that the Portland Police Department violated his Constitutional rights first by stopping him and then by searching him and his vehicle. Defendant claims that in the absence of reasonable articulable suspicion that Defendant was engaging, or about to engage, in criminal conduct, a civil violation, or a threat to public safety, the police had no constitutional basis for detaining him and searching him and his vehicle. The State contends that given the totality of the circumstances the police had such reasonable articulable suspicion, and argues that in any event the police were authorized to search Defendant's vehicle by virtue of Defendant's conditions of probation. An evidentiary hearing was held on December 11, 2018. Assistant Attorney General Johanna Gauvreau appeared and argued on behalf of the State. Attorney Stephen.
-- I
Shea appeared and argued on behalf of Defendant. The court heard testimony from Officer Matthew Morrison of the Portland Police Department as well as oral argument from counsel. For purposes of Defendant's Motion to Suppress, the court makes the following findings of fact: Defendant was driving a rental vehicle in Portland's Bayside neighborhood. Officer Morrison observed the vehicle make four left turns such that it ended up back at the spot where he had first seen it. At that point the vehicle pulled over and let the officers' unmarked police car pass. Approximately fifteen minutes later, Officer Morrison saw the vehicle again, this time reversing thirty feet on the westbound lane of Cumberland Avenue. Defendant parked and exited the car. The officers asked Defendant, "Why are you trying to evade us?" or words to that effect. Defendant then lifted his shirt while stating, "I don't have drugs or a gun on me." At that point the officers exited their vehicle and asked Defendant for his identification. Although Defendant had been driving, he did not have a valid driver's license. Defendant gave consent to a search of his person and his vehicle. A business card in Defendant's pocket revealed that Defendant was on probation. Defendant was then arrested for operating without a license and violation of his probation. After speaking with Defendant's probation officer, a canine officer was called to the scene, and with the help of the police dog officers found crack cocaine wedged between the visor and the roof of the vehicle. Based on the above facts, the court finds that Defendant was not "stopped" for 4lh Amendment purposes until he was asked for his identification. At that point, the totality of the circumstances included, not just the rental car, the suspicious four left turns, and the backing up against traffic, but Defendant's conduct in lifting his shirt and proclaiming that he did not have drugs or a gun on him. The court understands that Defendant's counsel questions whether that actually happened given its omission from Officer Morrison's report, but the court finds the officer's testimony regarding Defendant's conduct and words to be credible. The court finds, moreover, that Defendant consented to the search of his person and his vehicle. Even in the absence of such consent, the search of Defendant's vehicle was authorized by Defendant's conditions of probation, which expressly include the condition that Defendant "shall submit to random search and testing for drugs, firearms and dangerous weapons at the direction of a probation or law enforcement officer." In addition to Defendant's consent and the "random search" probation condition, the court finds in any event that the officers had reasonable articulable suspicion to search the vehicle based on the totality of the circumstances. Accordingly, having considered the facts in light of the constitutional requirements of Maine and Federal law, it is hereby ORDERED that Defendant's Motion to Suppress is hereby DENIED.
DATED: _ / Gf_{Ju-_l] Jed J. rench U · ed Criminal Court Judge
Entered on the Docket: 1~ -1 LJ-t 8'
2 STATE OF MAINE CRIMINAL DOCKET VS CUMBERLAND, ss. QUINTON L SMITH Docket No CUMCD-CR-2018-04649 KENNEBUNK ME 04043 DOCKET RECORD DOB: 04/23/1979 Attorney: RICK WINLING State's Attorney: STEPHANIE ANDERSON FAIRFIELD & ASSOCIATES PA IO STONEY BROOK LANE LYMAN ME 04002 APPOINTED 08/24/2018 Filing Document: CRIMINAL COMPLAINT Major Case T ype: FELONY (CLASS A,B,C) Filing Date: 08/24/2018 Charge(s) 1 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 08/23/2018 PORTLAND Seq 11550 17-A 1105-A(l)(B)(l) Class A
2 UNLAWFUL POSSESSION OF COCAINE BASE 08/23/2018 PORTLAND Seq 13376 17-A I 107-A(l)(B)(3) Class C
3 OPERATE VEHICLE WITHOUT LICENSE 08/23/2018 PORTLAND Seq 9867 29-A 1251 ( 1)(A) Class E
4 CRIMINAL FORFEITURE OF PROPERTY 08/23/2018 PORTLAND Seq 7049 15 5826 Class U
Docket Events: 08/24/2018 FILING DOCUMENT- CRIMINAL COMPLAINT FILED ON 08/24/2018
08/24/2018 Charge(s): 1,2 HEARING - INITIAL APPEARANCE SCHEDULED FOR 08/24/2018 at 01:00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 08/24/2018 MOTION - MOTION TO AMEND COMPLAINT MADE ORALLY BY STATE ON 08/24/2018
08/24/2018 MOTION - MOTION TO AMEND COMPLAINT GRANTED ON 08/24/2018 LANCE WALKER , JUSTICE COPY TO PARTIES/COUNSEL 08/27/2018 Charge(s): 1,2 HEARING - INITIAL APPEARANCE HELD ON 08/24/2018 JED FRENCH , JUDGE DA: ANGELA CANNON Defendant Present in Court FTR 1 08/27/2018 Charge(s): 1,2 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 08/24/2018
08/27/2018 BAIL BOND - $50,000 .00 CASH BAIL BOND SET BY COURT ON 08/24/2018 _JED FRENCH , JUDGE 08/27/2018 MOTION - MOTION TO AMEND COMPLAINT MADE ORALLY BY STATE ON 08/24/2018
TO AMEND DOB 08/27/2018 MOTION - MOTION TO AMEND COMPLAINT GRANTED ON 08/24/2018 JED FRENCH , JUDGE COPY TO PARTIES/COUNSEL DOB AMENDED TO 4/23/1979
CR-200 Page 1 of 3 Printed on: 12/14/2018 QUINTON L SMITH CUMCD-CR-2018-04649 DOCKET RECORD 08/27/2018 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 08/24/2018
08/27/2018 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 08/24/2018 JED FRENCH , JUDGE COPY TO PARTIES/COUNSEL 08/27/2018 Party(s): QUINTON L SMITH ATTORNEY - APPOINTED ORDERED ON 08/24/2018
Attorney: RICK WINLING 08/27/2018 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 11/21/2018 at 08:30 a.m . in Room No. 7
08/27/2018 TRIAL - JURY TRIAL SCHEDULED FOR 01/14/2019 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL 10/04/2018 MOTION - MOTION TO MODIFY FILED BY DEFENDANT ON 10/04/2018
10/04/2018 HEARING - MOTION TO MODIFY SCHEDULED FOR 10/11/2018 at OJ :00 p.m. in Room No.
10/04/2018 HEARING - MOTION TO MODIFY NOTICE SENT ELECTRONICALLY ON 10/04/2018
10/15/2018 HEARING - MOTION TO MODIFY HELD ON 10/11/2018 at 01:00 p.m. in Room No. NANCY MILLS , JUSTICE Attorney: STEPHEN SHEA DA: CARLOS DIAZ Defendant Present in Court FTR I 10/15/2018 MOTION - MOTION TO MODIFY DENIED ON 10/11/2018 ROLAND A COLE , JUSTICE 11/19/2018 Charge(s): 1,2,3,4 HEARING - ARRAIGNMENT SCHEDULED FOR 11/21/2018 at 08:30 a.m. in Room No. 7
11/19/2018 Charge(s): 1,2,3,4 SUPPLEMENTAL FILING - INDICTMENT FILED ON 11/08/2018
11/21/2018 HEARING - DISPOSITIONAL CONFERENCE HELD ON 11/21/2018 THOMAS D WARREN , JUSTICE Attorney: STEPHEN SHEA DA: JOHANNA GAUVREAU CHAMBERS. UNRESOLVED. MOTION FILED. HEARING TO BE SET FOR 12-11 BY AGREEMENT . l 1/21/2018 MOTION - MOTION TO SUPPRESS EVIDENCE FILED BY DEFENDANT ON 11/21/2018
11/21/2018 HEARING - MOTION TO SUPPRESS EVIDENCE SCHEDULED FOR 12/11/2018 at 01 :00 p.m. in Room No.
NOTICE TO PARTIES/COUNSEL 11/21/2018 Charge(s): 1,2,3,4 HEARING - ARRAIGNMENT HELD ON 11/21/2018 THOMAS D WARREN , JUSTICE Attorney: STEPHEN SHEA DA: JOHANNA GAUVREAU Defendant Present in Court DEFENDANT INFORMED OF CHARGES. FTR 7 CR-200 Page 2 of 3 Printed on: 12/14/2018 QUINTON L SMITH CUMCD-CR-2018-04649 DOCKET RECORD 11/21/2018 Charge(s): 1,2,3,4 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 11/21/2018
12/12/2018 HEARING - MOTION TO SUPPRESS EVIDENCE HELD ON 12/11/2018 JED FRENCH , JUDGE Attorney: STEPHEN SHEA DA: JOHANNA GAUVREAU Officer: MATTHEW MORRISON Defendant Present in Court FTR CR#l. STATE CALL OFF. MORRISON. J WHEELER RECUSED. J FRENCH TAKES BENCH. STATE EXHIBITS 1 AND 2 ~DMITTED. DEF CROSS. STATE RESTS. DEFENSE RESTS. 12/12/2018 MOTION - MOTION TO SUPPRESS EVIDENCE UNDER ADVISEMENT ON 12/11/2018 JED FRENCH , JUDGE 12/12/2018 CASE STATUS - CASE FILE LOCATION ON 12/12/2018 DANIELLE MERRILL , ASSIST ANT CLERK FILE WITH J FRENCH FOR MOTION TO SUPPRESS UNDER ADVISEMENT 12/14/2018 CASE STATUS - CASE FILE RETURNED ON 12/14/2018
12/14/2018 MOTION - MOTION TO SUPPRESS EVIDENCE DENIED ON 12/14/2018 JED FRENCH , JUDGE COPY TO PARTIES/COUNSEL
A TRUE COPY ATTEST: _ _ _ _ _ _ _ _ _ __ Clerk
CR-200 Page 3 of 3 Printed on: 12/14/2018