State of Maine v. Soucie

• Court: Superior Court of Maine
• Decided: April 29, 2009
• Docket: KENcr-08-728
• Status: Unpublished

Opinion

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I · . v. ~ '. ' .... \ [, I ,,,.n:,ORDER ON MOTION TO SUPPRESS

BRENWIN SOUCIE,

Defendant

The defendant seeks to suppress evidence obtained as a result of the stop of his

motor vehicle. The defendant argues that the stop was unlawful. 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

"An encounter between a member of law enforcement and a citizen will

implicate the protections of the Fourth Amendment only if the encounter constitutes a

seizure of the citizen." State v. Gulick, 2000 ME 170, err 10, 759 A.2d 1085, 1087. An

officer may detain a citizen only when "specific and articulable facts which, taken

together with rational inferences from those facts, reasonably warrant that intrusion."

State v. Dulac, 600 A.2d 1121, 1122 (Me. 1992) (quoting Terry v. Ohio, 392 U.s. 1, 21

(1968». Brief intrusions based upon reasonable and articulable safety concerns or

suspicion that the defendant has committed a crime or a traffic infraction are reasonable

and do not violate the Fourth Amendment. Gulick, 2000 ME 170, err 13, 759 A.2d at 1088.

When the officer approached the defendant's vehicle, he had a "clearly

articulated and objectively reasonable concern" for the occupant's safety. Id. err 14, 759 A.2d at 1088. When the operator opened his eyes and sat upright, the officer's

immediate safety concerns were solved. Immediately upon the operator's rolling down

the window, the officer smelled the odor of alcoholic beverages and asked for the

defendant's license at the same time. The request for the operator's license was a

"minimal further intrusion" that was appropriate. Id. <[ 15, 759 A.2d at 1089.

The facts of this case differ from those of State v. Patterson, on which the

defendant relies. State v. Patterson, 2005 ME 26, 868 A.2d 188. Patterson focused on

whether the officer's actions constituted a seizure; the State agreed that the officer did

not have the requisite articulable suspicion to detain the defendant when the officer

approached the vehicle. Id. <[ 9, 868 A.2d at 191. In this case, as in Gulick, the officer's

initial contact was based on an articulable concern for the occupant's safety. The "entire

course of the officer's actions were limited in scope and reasonable in relation to the

circumstances that initiated the contact." Gulick, 200 ME 70, <[ 11, 759 A.2d at 1088 n.6;

see also State v. Huether, 2000 ME 59, <[ 6, 748 A.2d 993, 995.

The entry is

The Defendant's Motion to Suppress i

Date: April 29, 2009 ancy Mills Justice, Superior

2 STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. BRENWIN G SOUCIE Docket No AUGSC-CR-2008-00728 102 BANGOR ST AUGUSTA ME 04332 DOCKET RECORD

DOB: 05/15/1985 Attorney: DARRICK BANDA State's Attorney: EVERT FOWLE DANIEL G LILLEY LAW OFFICE 39 PORTLAND PIER PO BOX 4803 PORTLAND ME 04112 RETAINED 07/01/2008

Filing Document: CRIMINAL COMPLAINT Major Case Type: MISDEMEANOR (CLASS D,E) Filing Date: 08/26/2008

Charge(s)

1 OPERATING UNDER THE INFLUENCE 03/14/2008 READFIELD Seq 9878 29-A 2411 (I-A) (A) Class D CHARETTE / MSP

Docket Events:

09/12/2008 Charge(s): 1 TRANSFER - TRANSFER FOR JURY TRIAL EDI ON 09/12/2008 @ 18:00

TRANSFERRED CASE: SENDING COURT CASEID AUGDCCR200802011 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 08/26/2008

Charge (s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 09/03/2008 @ 10:00 in Room No. 1

NOTICE TO PARTIES/COUNSEL Charge (s): 1 HEARING - ARRAIGNMENT WAIVED ON 09/03/2008

Party(s) : BRENWIN G SOUCIE ATTORNEY - RETAINED ENTERED ON 07/01/2008

Attorney: DARRICK BANDA Charge(s): 1 PLEA - NOT GUILTY ENTERED BY COUNSEL ON 09/03/2008

Charge (s): 1 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 07/01/2008

Charge (s): 1 TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 07/01/2008

Charge(s): 1 FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 09/12/2008

AUGSC Page 1 of 3 Printed on: 04/29/2009 BRENWIN G SOUCIE AUGSC-CR-2008-00728 DOCKET RECORD 09/18/2008 Charge{s): 1 TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 09/15/2008

AUGDC-CR-08-2011 09/18/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 11/13/2008 @ 8:30

NOTICE TO PARTIES/COUNSEL 09/18/2008 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 09/18/2008

11/17/2008 HEARING - MOTION TO SUPPRESS CONTINUED ON 11/13/2008

11/17/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 01/07/2009 @ 8:30

NOTICE TO PARTIES/COUNSEL 12/31/2008 MOTION - MOTION TO CONTINUE FILED BY STATE ON 12/31/2008

12/31/2008 MOTION - MOTION TO CONTINUE GRANTED ON 12/31/2008 NANCY MILLS, JUSTICE COpy TO PARTIES/COUNSEL 12/31/2008 HEARING - MOTION TO SUPPRESS CONTINUED ON 12/31/2008

12/31/2008 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 03/05/2009 @ 8:30

NOTICE TO PARTIES/COUNSEL 02/26/2009 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 02/26/2009

03/04/2009 MOTION - MOTION TO CONTINUE GRANTED ON 03/04/2009 JOSEPH M JABAR , JUSTICE COpy TO PARTIES/COUNSEL 03/04/2009 HEARING - MOTION TO SUPPRESS CONTINUED ON 03/04/2009

03/04/2009 Charge(s): 1 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 04/07/2009 @ 9:15

NOTICE TO PARTIES/COUNSEL 04/03/2009 Charge(s): 1 HEARING - MOTION TO SUPPRESS CONTINUED ON 04/03/2009

04/29/2009 Charge(s): 1 HEARING - MOTION TO SUPPRESS HELD ON 04/08/2009 NANCY MILLS, JUSTICE Reporter: TAMMY DROUIN Defendant Present in Court 04/29/2009 Charge(s): 1 MOTION - MOTION TO SUPPRESS DENIED ON 04/29/2009 NANCY MILLS, JUSTICE COPY TO PARTIES/COUNSEL 04/29/2009 Charge (s): 1 TRIAL - DOCKET CALL SCHEDULED FOR 06/02/2009

Page 2 of 3 Printed on: 04/29/2009 BRENWIN G SOUCIE AUGSC-CR-200B-0072B DOCKET RECORD

A TRUE COPY ATTEST: Clerk

Page 3 of 3 Printed on: 04/29/2009