State of Maine v. Uwase

Opinion

STATE OF MAINE UNIFIED CRIMINAL COURT CUMBERLAND, ss. PORTLAND Docket No. CR 2019-2218

STATE OF MAINE ) ) ) v. ) ORDTIR ) ) SENDAMAJ. UWASE, ) ) Defendant )

Ms. Uwase has been charged with violation of condition of release by using or

possessing alcohol. She was charged after a traffic stop where she was a passenger. She

has filed a motion to suppress which has been heard and argued.

The lawful stop on the evening of April 27, 2019 was based on observations of an

unsafe turn and erratic driving. The police found no evidence that the driver was under

the influence of any substance and there was no evidence in plain view that the driver or

any of the passengers had committed or were committing a crime or any infraction.

However, the passengers were asked to produce identification. The defendant

voluntarily did so. It was determined that she was on bail, was not to use or possess

alcohol and was subject to searches and testing "at any time without articulable suspicion

or probable cause". That restriction led to the current charge.

The motion to suppress ultimately asks a single question. Following a legitimate

motor vehicle stop, can the police, consistent with constitutional protections, ask a

passenger to produce identification? The answer is yes and the motion to suppress must

be denied. See Rodriguez v United States, 575 U.S._, 135 S. Ct. 1609, 1614 (2015) as to stops

and United States v Chaney, 584 F. 3d 20, 26 (1" Cir. 2009) as to the passenger. Here the ' stop was valid and the request to provide identification did not unreasonably extend the

duration of the valid stop.

The entry is:

Motion to suppress is denied.

DATED: f J. - I~ - I 'f J {?tJ o/d~ Paul A. Fritzsche Unified Criminal Court Judge