State of Maine v. Sullivan
This text of State of Maine v. Sullivan (State of Maine v. Sullivan) 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-p.9-5£7 /'I IV) - hErJ- 11' 5 j:lD (1) STATE OF MAINE
v. ORDER ON DEFENDANT'S MOTION TO SUPPRESS MATTHEW SULLIVAN,
Defendant
The defendant moves to suppress evidence seized from room number 154 of the
Holiday Inn in Augusta. The defendant argues that the affidavit of MDEA Agent
Jonathan Richards does not provide a substantial basis for a finding of probable cause
and the authorization of a no-knock entry was improper.
The defendant moves also to suppress statements made to law enforcement
officers. He argues that he was not properly informed of his Miranda rights and the
statements resulted from an invalid search.
The defendant further moves for the disclosure of the identities of concerned
citizens numbers 2 and 3 referenced in the Richards affidavit.
For the following reasons, the motions to suppress are denied and the motion to
disclose is denied.
Findings
MDEA Agent Jonathan Richards was present on 7/7/09 when the no-knock
search warrant was executed at room number 154 at the Holiday Inn. Andrew
Mumbauer and the defendant were found in the room. They were searched, placed in
handcuffs, and taken to the Augusta Police Station. Agent Richards informed the men they were under arrest for drug trafficking. Cocaine, pills, scales, and a firearm were
seized from the room.
The defendant was taken to a booking room at the station. The door was closed.
Although he had "cycled up" at the hotel room, the defendant had calmed down at the
station and was not in distress. Agent Richards introduced himself and Federal DEA
Agent Christine l Tierney and Trooper Christopher Tupper. The defendant's name, date
of birth, and address were obtained.
Agent Richards read the Miranda warnings to the defendant from a card. 2 After
each statement, Agent Richards asked the defendant if he understood and the
defendant replied each time that he understood. The defendant agreed to speak to the
officers.
Agent Richards left the booking room and Trooper Tupper interviewed the
defendant. The interview was not recorded in order to protect the defendant who was
cooperative. Any audio or video recording would be available to other defendants
through discovery.
The defendant stated he traveled to Maine a couple of times to deliver illegal
drugs. He declined to identify the owner of the drugs because of his concerns for the
safety of his family. He was aware drugs were being sold in the hotel parking lot. He
agreed to be photographed.
The State stipulated at the hearing on the motions that concerned citizens
numbers 2 and 3 have no knowledge about the defendant.
I Her name may be Christina.
2 Conclusions
Search Warrant
The affidavit provides the officer's valid rationale for requesting a "no knock and
night time warrant." See Affidavit at 20; M.R. Crim. P. 41(i). The affidavit contains
sufficient facts to provide a substantial basis for a finding of probable cause. See State v.
Crowley, 1998 ME 187, and, given the circumstances set forth in the affidavit, there was a fair probability that contraband or evidence of a crime would be found in the hotel room. Id., at 836. Statements The defendant was proper!y informed of the Miranda warnings, understood the warnings, and agreed to speak to the officers. His waiver of his rights was valid. State v. Coombs, 1998 ME 1, statements are not the "fruit of the poisonous tree." State v. Boyington, 1998 ME 163, 9, 714 A.2d 141, 143-44. Concerned Citizens "Where the disclosure of an informer's identity, or the contents of his communication, is relevant and helpful to the defense of an accused, or is essential to a fair determination of a cause, the [informer's] privilege must give way." Roviaro v. United States, 353 U.S. 53, 60-61 (1957). In this case, there is no showing that the concerned citizens are "able to give testimony relevant to any issue in this case." State v. Chase, 505 A.2d 791, 794 (Me. 1986). Disclosure of their identities is not required. 2 Agent Richards did not record in his report that he read the Miranda warnings. The reading of Miranda warnings was noted in Trooper Tupper's report. 3 The entry is The Motions to Suppress Evidence Seized is DENIED. The Motion to Suppress Statements is DENIED. The Motion to Disclose is DENIED. Date: January 15, 2010 Nancy Mills Justice, Superior Court KENN CR-09-537 4 STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. MATTHEW V SULLIVAN Docket No AUGSC-CR-2009-00537 26 STORY AVE LYNN MA DOCKET RECORD DOB: 07/30/1987 Attorney: LEONARD SHARON State's Attorney: EVERT FOWLE LEONARD SHARON ESQ PC 223 MAIN STREET AUBURN ME 04210-5833 RETAINED 09/16/2009 Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 07/08/2009 Charge(s) 1 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 07/07/2009 AUGUSTA Seq 9044 17-A 1105-A(1) (C-1) (1) Class A 2 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 07/07/2009 AUGUSTA Seq 9044 17-A 1105-A(1) (C-1) (1) Class A Charged with INDICTMENT on Supplem 3 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 07/07/2009 AUGUSTA Seq 9065 17-A 1105-A(1) (I) Class A Charged with INDICTMENT on Supplem Docket Events: 07/08/2009 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 07/08/2009 07/10/2009 Charge(s): 1 HEARING - INITIAL APPEARANCE SCHEDULE OTHER COURT ON 07/08/2009 AUGDC 07/10/2009 Charge(s): 1 HEARING - INITIAL APPEARANCE HELD ON 07/08/2009 RI CHARD MULHERN, JUDGE Defendant Present in Court 07/10/2009 Charge(s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 09/08/2009 @ 10:00 07/10/2009 Charge(s): 1 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 07/08/2009 07/10/2009 BAIL BOND - $20,000.00 CASH BAIL BOND SET BY COURT ON 07/08/2009 RICHARD MULHERN, JUDGE NO USE OR POSSESSION OF ANY ALCOHOL, ILLEGAL DRUGS, DANGEROUS WEAPONS, FIREARMS, SUBMIT TO. SEARCH AND TESTING FOR ALCOHOL, ILLEGAL DRUGS, FIREARMS, DANGEROUS WEAPONS AT ANY TIME WITHOUT ARTICULABLESUSPICION OR PROBABLE CAUSE. NO CONTACT WITH KATHRYN BUSH, DANIEL GRENIER, ANDREW MUMBAUER, GORDON NEWTON, ASHLEY WILLIAMS, DANIEL SULLIVAN, REVIEW UPON APPEARANCE OF COUNSEL Page 1 of 6 Printed on: 01/15/2010 MATTHEW V SULLIVAN AUGSC-CR-2009-00537 DOCKET RECORD 07/20/2009 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 07/20/2009 07/23/2009 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 07/20/2009 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 07/23/2009 Party(s): MATTHEW V SULLIVAN ATTORNEY - APPOINTED ORDERED ON 07/20/2009 Attorney: DAVID CROOK 07/23/2009 Charge(s): 1 HEARING - STATUS CONFERENCE NOTICE SENT ON 08/19/2009 08/03/2009 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 08/03/2009 08/11/2009 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 08/04/2009 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 08/11/2009 Party(s): MATTHEW V SULLIVAN ATTORNEY - WITHDRAWN ORDERED ON 08/04/2009 Attorney: DAVID CROOK 08/19/2009 Party(s) : MATTHEW V SULLIVAN ATTORNEY - APPOINTED ORDERED ON 08/04/2009
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