STATE OF MAINE UNIFORM CRIMINAL DOCKET CUMBERLAND, ss DOCKET NO. CR-16-4394
STATE OF MAINE
V. ORDER ON MOTION TO SUPPRESS
LUKE STOVAL
Introduction
Luke Stoval ("Stoval") has been charged by indictment with on or about July 22,
2016, in Westbrook, Operating A Motor Vehicle After Revocation, Class C, in violation
of29-A M.R.S. §2557-A(2)(C) and violating conditions of release, Class E, in violation
of 15 M.R.S.§1092(1)(A). Stoval filed a motion to suppress, raising four issues arising
out of the stop of his vehicle by Patrolman Dean Hannon ("Officer" or "Hannon") of the
Gorham Police Department and also serving as a sworn-in Cumberland County
Commissioned Officer of the Cumberland County Sheriffs Office ("CSSO") from
September 9, 2014 to September 9, 2017. Stoval contends that the stop was not justified
by an objectively reasonable suspicion of criminal conduct, the stop was not based on a
credible "tip", the Gorham Police Officer lacked authority for an incident that occurred in
Westbrook, and Stoval's admission of driving was in violation of his Miranda rights and
was not voluntary.
On July 22, 2016, Hannon, who was familiar with Stoval through family
relationships, received a phone call from Hannon's daughter's mother, Lindsay Neptune
that Stoval was driving on his way back from work to his Mill Lane residence in
Westbrook. Hannon knew Stoval's criminal history, knew Stoval was oul on bail on pending charges, and knew that Stoval did not have a license and had several convictions
for operating without a license. The vehicle that Stoval was operating was registered to
Rita Butler. Rita Butler is the mother of Stoval's daughter. Butler is also the daughter of
Lindsay Neptune and Oflicer Hannon. The "tip" about Stoval's operation of a motor
vehicle was from Neptune, who was a known and credible witness. She has no criminal
history and a general truthful reputation.
Because Hannon is sworn in as a Cumberland County Commissioner Officer, 1
Hannon believes he has countywide jurisdiction. So, he drove past Stoval's Mill Lane
residence in Westbrook. When he did not see Stoval's vehicle on Mill Lane, Hannon
started back to Gorham. While heading back to Gorham, Hannon observed Stoval drive
past him. Hannon turned on his blue lights, turned around onto Mill Lane where Stoval
was pulling into his driveway. Stoval had an open beer in the car. Hannon knew that
Stoval had been arrested on a felony charge of endangering the welfare of a child and was
on bail. Although Hannon could smell the odor of intoxicants and saw the open
container, he had no other indicia that Stoval was operating a motor vehicle under the
influence. Hannon instmcted Stoval to exit his vehicle and that he would be arrested.
Hannon called Westbrook to make the arrest because he had no handcuffs and was not
driving a vehicle with a cage to transport prisoners.
While Stoval was sitting in back of Hannon's vehicle with the door open, waiting
for Westbrook police to anive, Stoval asked why he was arrested. Hannon told him it
1 The State produced as Exhibit 2 a photocopy of a document from the Cumberland County Sheriff's Office, which certified that "Dean Hannon of the Gorham Po.lice Department has been sworn as a Cumberland County Commissioner Officer, effective 9/9/14 to 9/9/17." The document is signed by the Deputy of CCSO and there is a dedimus signature.
2 was because he did not have a license. Stoval told Hannon, "someone else was driving."
Hannon told Stoval, "that was a lie, no one else was in vehicle." Stoval responded, he
"knew he didn't have a license but he had to get to work." Hannon responded to Stoval,
he should not be driving with an open container. Stoval acknowledged that he knew he
should not have an open container. Stoval begged Hannon to not take him to jail. Rita
Butler, who was in the front yard, was also yelling at Hannon to not arrest Stoval.2
Hannon did not confirm Stoval' s motor vehicle history prior to the arrest. He relied on
information from Lindsay Neptune, the source of Hannon's tip, and Hannon's personal
knowledge and observations of Stoval's driving.
Disf ussion
l. Jlll'isdiction
Stoval argues that Hannon, a Gorham police officer, did not have lawful
jurisdiction to stop him for a criminal violation that occuned in Westbrook. Hannon was
not pursuing Stoval in fresh pursuit from Gorham to Westbrnok. Accordingly, Stoval
argues, ''No police officer has any authority in criminal or traffic infraction matters
beyond the limits in which the officer is appointed." 30-A M.R.S. §2671(2). Stoval
offered no evidence on the jurisdictional issue. The Maine Supreme Judicial Court
declined in State v. Jolin, 639 A. 2d l 062 (Me. 1994), "to adopt a per se rule that would
require exclusion of evidence obtained in connection with an extraterritorial arrest." Id. at
l 063. The Comt affirmed the stop of a vehicle in Bangor by a Brewer officer who
observed while still in Bangor following a coffee break, the defendant's car traveling
2 As part of this stop, Hannon also called Stoval's employer to make sure he knew that Stoval was not licensed and should not have been driving. This fact is irrelevant and did not play a role in the court's analysis.
3 with its headlights off, swerve into a snowbank. cross over its lane and into her lane, then
drift back over and hit the snowbank again. When the car crossed over into the officer's
lane a second time, the officer turned her cruiser around and followed defendant,
ultimately turning on her blue lights and stopping defendant while he was still in Bangor.
Jolin conceded there was probable cause to arrest him but moved to suppress the
evidence from the stop because the extraterritorial arrest violates Maine's fresh pursuit
statute and is unreasonable for purposes of the Fourth Amendment. Based on the facts in
the Jolin case, the court refused to apply the fresh pursuit statute and apply the
exclusionary rule. Rather, the Supreme Court held that evidence obtained from an
extraterritorial arrest based on probable cause should not pre se be excluded. Id., 639 A.
2d at 1064.
The .Jolin Court warned,
[Wle are sensitive to the abuses that could follow an intentional or premeditated disregard of territorial limits. Law enforcement officers should not make excursions into other jurisdictions to ferret out crime. Here the officer had probable cause to arrest defendant and her action was reasonable in light of the immediate need to prevent defendant from harming himself or others.
Id.
The implication of defendant's argument is that Hannon had it out for him
because of family gossip about Stoval. There is no evidence of this motivation. Hannon
knew that Stoval did not have a license, was convicted of prior operating without a
license convictions and was on bail. He also received a reliable tip that Stoval was in the
process of driving home from work. ln the absence of any evidence to show that Hannon
was trying to intentionally disregard the territorial limits in order to ferret out crime, and
4 with evidence that Hannon had probable cause to arrest Stoval, Hannon's extraterritorial
stop of Stoval was reasonable.
Furthermore, Hannon believe he had countywide jurisdiction as a sworn in
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STATE OF MAINE UNIFORM CRIMINAL DOCKET CUMBERLAND, ss DOCKET NO. CR-16-4394
STATE OF MAINE
V. ORDER ON MOTION TO SUPPRESS
LUKE STOVAL
Introduction
Luke Stoval ("Stoval") has been charged by indictment with on or about July 22,
2016, in Westbrook, Operating A Motor Vehicle After Revocation, Class C, in violation
of29-A M.R.S. §2557-A(2)(C) and violating conditions of release, Class E, in violation
of 15 M.R.S.§1092(1)(A). Stoval filed a motion to suppress, raising four issues arising
out of the stop of his vehicle by Patrolman Dean Hannon ("Officer" or "Hannon") of the
Gorham Police Department and also serving as a sworn-in Cumberland County
Commissioned Officer of the Cumberland County Sheriffs Office ("CSSO") from
September 9, 2014 to September 9, 2017. Stoval contends that the stop was not justified
by an objectively reasonable suspicion of criminal conduct, the stop was not based on a
credible "tip", the Gorham Police Officer lacked authority for an incident that occurred in
Westbrook, and Stoval's admission of driving was in violation of his Miranda rights and
was not voluntary.
On July 22, 2016, Hannon, who was familiar with Stoval through family
relationships, received a phone call from Hannon's daughter's mother, Lindsay Neptune
that Stoval was driving on his way back from work to his Mill Lane residence in
Westbrook. Hannon knew Stoval's criminal history, knew Stoval was oul on bail on pending charges, and knew that Stoval did not have a license and had several convictions
for operating without a license. The vehicle that Stoval was operating was registered to
Rita Butler. Rita Butler is the mother of Stoval's daughter. Butler is also the daughter of
Lindsay Neptune and Oflicer Hannon. The "tip" about Stoval's operation of a motor
vehicle was from Neptune, who was a known and credible witness. She has no criminal
history and a general truthful reputation.
Because Hannon is sworn in as a Cumberland County Commissioner Officer, 1
Hannon believes he has countywide jurisdiction. So, he drove past Stoval's Mill Lane
residence in Westbrook. When he did not see Stoval's vehicle on Mill Lane, Hannon
started back to Gorham. While heading back to Gorham, Hannon observed Stoval drive
past him. Hannon turned on his blue lights, turned around onto Mill Lane where Stoval
was pulling into his driveway. Stoval had an open beer in the car. Hannon knew that
Stoval had been arrested on a felony charge of endangering the welfare of a child and was
on bail. Although Hannon could smell the odor of intoxicants and saw the open
container, he had no other indicia that Stoval was operating a motor vehicle under the
influence. Hannon instmcted Stoval to exit his vehicle and that he would be arrested.
Hannon called Westbrook to make the arrest because he had no handcuffs and was not
driving a vehicle with a cage to transport prisoners.
While Stoval was sitting in back of Hannon's vehicle with the door open, waiting
for Westbrook police to anive, Stoval asked why he was arrested. Hannon told him it
1 The State produced as Exhibit 2 a photocopy of a document from the Cumberland County Sheriff's Office, which certified that "Dean Hannon of the Gorham Po.lice Department has been sworn as a Cumberland County Commissioner Officer, effective 9/9/14 to 9/9/17." The document is signed by the Deputy of CCSO and there is a dedimus signature.
2 was because he did not have a license. Stoval told Hannon, "someone else was driving."
Hannon told Stoval, "that was a lie, no one else was in vehicle." Stoval responded, he
"knew he didn't have a license but he had to get to work." Hannon responded to Stoval,
he should not be driving with an open container. Stoval acknowledged that he knew he
should not have an open container. Stoval begged Hannon to not take him to jail. Rita
Butler, who was in the front yard, was also yelling at Hannon to not arrest Stoval.2
Hannon did not confirm Stoval' s motor vehicle history prior to the arrest. He relied on
information from Lindsay Neptune, the source of Hannon's tip, and Hannon's personal
knowledge and observations of Stoval's driving.
Disf ussion
l. Jlll'isdiction
Stoval argues that Hannon, a Gorham police officer, did not have lawful
jurisdiction to stop him for a criminal violation that occuned in Westbrook. Hannon was
not pursuing Stoval in fresh pursuit from Gorham to Westbrnok. Accordingly, Stoval
argues, ''No police officer has any authority in criminal or traffic infraction matters
beyond the limits in which the officer is appointed." 30-A M.R.S. §2671(2). Stoval
offered no evidence on the jurisdictional issue. The Maine Supreme Judicial Court
declined in State v. Jolin, 639 A. 2d l 062 (Me. 1994), "to adopt a per se rule that would
require exclusion of evidence obtained in connection with an extraterritorial arrest." Id. at
l 063. The Comt affirmed the stop of a vehicle in Bangor by a Brewer officer who
observed while still in Bangor following a coffee break, the defendant's car traveling
2 As part of this stop, Hannon also called Stoval's employer to make sure he knew that Stoval was not licensed and should not have been driving. This fact is irrelevant and did not play a role in the court's analysis.
3 with its headlights off, swerve into a snowbank. cross over its lane and into her lane, then
drift back over and hit the snowbank again. When the car crossed over into the officer's
lane a second time, the officer turned her cruiser around and followed defendant,
ultimately turning on her blue lights and stopping defendant while he was still in Bangor.
Jolin conceded there was probable cause to arrest him but moved to suppress the
evidence from the stop because the extraterritorial arrest violates Maine's fresh pursuit
statute and is unreasonable for purposes of the Fourth Amendment. Based on the facts in
the Jolin case, the court refused to apply the fresh pursuit statute and apply the
exclusionary rule. Rather, the Supreme Court held that evidence obtained from an
extraterritorial arrest based on probable cause should not pre se be excluded. Id., 639 A.
2d at 1064.
The .Jolin Court warned,
[Wle are sensitive to the abuses that could follow an intentional or premeditated disregard of territorial limits. Law enforcement officers should not make excursions into other jurisdictions to ferret out crime. Here the officer had probable cause to arrest defendant and her action was reasonable in light of the immediate need to prevent defendant from harming himself or others.
Id.
The implication of defendant's argument is that Hannon had it out for him
because of family gossip about Stoval. There is no evidence of this motivation. Hannon
knew that Stoval did not have a license, was convicted of prior operating without a
license convictions and was on bail. He also received a reliable tip that Stoval was in the
process of driving home from work. ln the absence of any evidence to show that Hannon
was trying to intentionally disregard the territorial limits in order to ferret out crime, and
4 with evidence that Hannon had probable cause to arrest Stoval, Hannon's extraterritorial
stop of Stoval was reasonable.
Furthermore, Hannon believe he had countywide jurisdiction as a sworn in
Cumberland County Sheriff and that he could Lawfully pursue Stoval in Westbrook with
probable cause to believe Stoval was or had committed a crime. Hannon offered State's
Exhibit 2, which is a copy of a card certifying that Hannon was a Cumberland County
Commissioner Sheriff. This card is signed by the Deputy of the Cumberland County
Sheriffs Office and signed by a Dedimus. No evidence was introduced to challenge this
certification. Possessing this certification, that was effective for the time in question, and
believing it gave him countywide jurisdiction, the extraten-itorial stop was reasonable.
And, there is always the concern for public safety, which justifies the stop.
"A stop is justified when an officer's assessment of the existence of specific and
articulable facts indicating a possible violation of law or a public safety risk is objectively
reasonable considering the totality of the circumstances." State v. Simmons, 2016 ME 49,
'i 8 (quoting State v. Connor, 2009 ME 91, iJIO, 997 A. 2d 1003). "[T]he threshold for demonstrating an objectively reasonable suspicion necessary to justify a vehicle stop is
low ... The suspicion need only be more than a speculation or an unsubstantiated
hunch." Id. (quoting State v. La1'orge, 2012 ME 65, ~110, 43 A. 3d 961). Defendant
contends that Hannon lacked reasonable articulable suspicion lo arrest him.
Otlicer Harmon had reasonable articulable suspicion that Stoval was driving
without a license. 1Iannon was familiar with Stoval and knew he did not have a license.
Hannon observed Stoval operating a motor vehicle without a License. Hannon also based
5 his stop on the tip from a reliable informant that Stoval was driving home from work. As
a sworn deputy with countywide jurisdiction, he had authority to stop Stoval if he had
sufficient justification for the stop of a vehicle. See State v. Webber, 2000 ME 168, 17,
759 A.2d 724. Observations of Stoval driving on a public way without a license were a
sufficient basis for a stop of Stoval's vehicle. Hannon's suspicion that Stoval was
operating a motor vehicle without a license was objectionably reasonable under all of the
circumstances.
The threshold for a justified stop is low: it "is considerable less than proof of
wrongdoing by a preponderance of the evidence," State v. Porter, 2008 ME 175, 19, and
"need not arise to the level of probable cause." State v. Sylvain, 2004 ME 5, 117, 814
A.2d 984. Yet, here there was probable cause to believe that Stovall was violating the
law by operating a motor vehicle without a license. Hannon was operating on more than
bare speculation or an unsubstantiated hunch. He had the reliable and credible tip from
Lindsay Neptune, he knew Stoval, he knew of Stoval's criminal history, arrest record,
that he was on bail and the fact that Stoval did not have a license to operate a motor
vehicle. lie also observed first hand Stoval operating a motor vehicle. Here the totality of
the circumstances justified a stopped based on reasonable articulable suspicion.
Furthermore, these same circumstances justified the arrest of Stoval for operating a motor
vehicle without a license.
3. The "Ti "
Stoval argues unsuccessfully that the tip was uncorroborated and could not be
relied upon for reasonable articulable suspicion. This was not an anonymous tip. This
was a very reliable tip from someone Officer Hannon knew and someone who Hannon
6 knew to be a reliable source. Officer Hannon also knew that Stoval did not have a license
and saw Stoval operating a motor vehicle with an open container just before stopping
Stoval's vehicle. Hannon was fully justified in stopping Stoval's vehicle. The tip did
nothing more than alert Hannon to the fact that Stoval was driving home from work. For
the stop, Hannon relied on his own personal knowledge that Stoval did not have a license,
and had prior operating without a license convictions. Moreover, Hannon observed first
hand Stoval operating a motor vehicle on a public way at a time he knew that Stoval did
not have a license to operate a motor vehicle.
4. Miranda
A Miranda warning is required only if a defendant is in custody and subject to
interrogation. See, e.g. State v. Swett, 1998 ME 76,, 4, 709 A. 2d 729, 730. "The
Miranda rule does not apply to spontaneous statements that are not a response to
interrogation." State v. Lear, 1998 ME 273, 722 A. 2d 1266, citing Muniz, 496 U.S. 605.
Stoval was not in custody. He was waiting in Hannon's vehicle for a Westbrook officer
to arrive. Stoval was sitting in the back seat with the door open. Hannon did not arrest
Stoval.
Stoval was not subject to police interrogation. Hannon did not elicit incriminating
statements or admissions. Some of Stoval's comments were spontaneously volunteered
statements to which the police have no duty lo ward against. See Stale v. Young, 662 A.2d
904, 907-08 (Mc. 1995). Hannon did not make police comments or demonstrate conduct
"that the police should know are reasonably likely to elicit an incriminating response
from the suspect." State v. Rossignol, 627 A.2d 524, 526 (1993) (quoting State v. Nixon,
599 A.2d 66, 67 (Me. 1991)). The full extent of Officer Hannon's conversation with
7 Stoval proceeded as follows: Stoval inquired why he was arrested. Hannon told him it
was because he did not have a license. Stoval responded, "someone else was driving."
When Hannon told Stoval that was a lie, no one else was in the vehicle, Stoval
responded, he knew that he did not have a license but he had to get to work. Hannon told
Stoval he should not be driving with an open container. Stoval acknowledge that he
should not be driving with an open container. Hannon was either answering Stoval's
questions or telling Stoval why he was stopped and would be arrested; he did not
inten·ogate Stovall. He did not ask questions of Stoval, but rather Stoval spontaneously
volunteered statements that Hannon had no duty to ward against. Accordingly, there is
no Miranda violation here.
5. Voluntariness
The burden is on the State to prove beyond a reasonable doubt that Stoval's
statements were voluntary. See State v. Sawyer, 2001 ME 88, ~ 8, 772 A. 2d 1173. The
court must consider the totality of the circumstances in determining whether a confession
is voluntary. Id. at 17. "In order to find a statement voluntary, it must first be
established that it is the result of defendant's exercise of his own free will and rational
intellect." Id. at, 8 (citation omitted). Factors to consider in doing this analysis include
the following: details of the interrogation; duration of the interrogation; location of the
interrogation; whether interrogation was custodial; recitation of the Miranda warnings;
the number of officers involved; the persistence of the officers; police trickery; any
threats, promises or inducements made; and the defendant's age, physical and mental
health, emotional stability and conduct. Id. at 19. "To be voluntary, a confession must
be the free choice of a rational mind, fundamentally fair, and not a product of coercive
8 police conduct." State v. Bryant, 2014 ME 94,, 16 (quoting State v. Nightingale, 2012
ME 132, 1 17).
There was no trickery or coercion in any of Hannon's statements to Stoval. There
was no interrogation and Stoval was not in custody. Stoval's statements were the free
choice of a rational mind, fundamentally fair and not a product of coercive police
conduct.
The entry is:
Motion to Suppress is DENIED. .., ., (. ). I , t'. ( Date: February 24, 2017 ·1tC l1 '- -t \Jl.., - l I , I . Joyce A. Wheeler, ARJ Maine Superior Court