State v. Brewer

1999 ME 58, 727 A.2d 352, 1999 Me. 58, 1999 Me. LEXIS 58
CourtSupreme Judicial Court of Maine
DecidedApril 16, 1999
StatusPublished
Cited by10 cases

This text of 1999 ME 58 (State v. Brewer) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brewer, 1999 ME 58, 727 A.2d 352, 1999 Me. 58, 1999 Me. LEXIS 58 (Me. 1999).

Opinions

DANA, J.

[¶ 1] The State appeals pursuant to 15 M.R.S.A. § 2115-A (1983 & Supp.1998) from an order entered in the Superior Court (Aroostook County, Pierson, J.) suppressing evidence that Mark S. Brewer unlawfully furnished a schedule W drug, methamphetamine, in violation of 17-A M.R.S.A. § 1106 (Supp.1996). On appeal, the State argues that the court erred when it held that Maine Drug Enforcement Agency (MDEA) agents seized Brewer without a reasonable suspicion [354]*354of criminal conduct in violation of the Fourth Amendment. Because we conclude that no seizure occurred when MDEA agents displayed their badges and approached Brewer as he sat in his parked vehicle, we vacate the order.

[¶ 2] On August 11,1997, at approximately 1:45 p.m., undercover MDEA agents Peter Arno and Darrell Crandall were driving south in an unmarked ear on Route 1. Near the town line separating Blaine and Bridge-water, the agents approached a red pickup truck from behind. Brewer, the driver, and Frederick Noyes, the front seat passenger, occupied the truck. As they drove, both Brewer and Noyes appeared preoccupied with something between them on the seat. According to Crandall, the truck swerved in the lane about twenty times without crossing over into another lane or crossing over the fog line. Arno testified that the amount of times the track swerved “was out of the ordinary.” The truck also slowed down and accelerated in an erratic manner.

[¶ 3] The agents followed the truck for one and a half to two miles into downtown Bridgewater. Brewer then turned right off Route 1 into a church parking lot. An unattended tractor trailer with its engine running was parked in front of the church, next to and parallel with Route 1. Brewer parked his truck to the right of and alongside the tractor trader so that the tractor trailer was parked between his truck and Route 1. By parking between the tractor trailer and the church, Brewer and Noyes partially concealed the truck from the sight of persons traveling along Route 1.

[¶ 4] After Brewer turned into the church parking lot, the agents continued along Route 1 for seventy-five to one hundred yards, where they parked on the side of the road. The agents sat in their parked vehicle for a few minutes and observed that Brewer and Noyes continued to be preoccupied with something between them on the seat. According to Crandall, Brewer and Noyes looked around “as if to see if there was somebody around them.”

[¶5] The agents decided to investigate further. Arno drove back toward the church, pulled into the parking lot, and parked their unmarked car to the front and to the left of Brewer’s truck. The agents’ vehicle did not block Brewer’s truck.

[¶ 6] The agents, both wearing civilian clothes, exited their vehicle at the same time and approached Brewer’s truck. Crandall approached the driver’s side door and held up his MDEA badge to identify himself to Brewer. Arno approached the passenger’s side door and — when he was fifteen to twenty feet away from Noyes — pulled out and displayed his MDEA badge from a pouch on his waist pack. Noyes hurriedly exited the truck as Arno approached.

[¶ 7] Crandall observed that Brewer appeared dazed and that his pupils were constricted. On questioning by Crandall, Brewer said he had been drinking and that he had smoked marijuana earlier that day. Crandall then asked Brewer to step out of the truck, and he did. Crandall asked if Brewer had drugs in the truck, and he said yes. When Crandall asked if he could search the track, Brewer said “okay, go ahead, but it’s in my pocket,” and pulled out a bag of marijuana.

[¶ 8] After Brewer produced the marijuana, Arno and Crandall searched the truck, where they found a mirror with white powder residue on it and two marijuana pipes. Arno then noticed a bulge in Brewer’s left front pocket, and asked him to empty his pockets. Brewer “fidget[ed] around with something” and produced a razor blade and straw. Brewer’s “fidgeting” led Arno to believe Brewer was concealing something in his pocket. Arno reached inside Brewer’s pocket and pulled out a plastic bag containing methamphetamine. The agents arrested Brewer.

[¶ 9] Brewer was indicted for the unlawful furnishing of a scheduled drug, 17-A M.R.S.A. § 1106 (1983 & Supp.1998) and criminal forfeiture, 15 M.R.S.A. §§ 5821, 5826 (Supp.1998). Brewer filed, and the court granted, a motion to suppress all evidence seized by the agents. The court concluded that the agents seized Brewer when they displayed their badges and approached his vehicle and that the agents did not have a reasonable suspicion to justify the seizure. The State appealed.

[355]*355[¶ 10] We will not disturb a court’s decision as to whether a seizure implicates the Fourth Amendment unless we find errors of law or clearly erroneous findings of fact. See State v. Moulton, 1997 ME 228, ¶ 6, 704 A.2d 361, 363. We review independently a legal ruling that the historical facts found by the court constitute a seizure within the meaning of the Fourth Amendment. See id.; State v. Smith, 675 A.2d 93, 96 (Me.1996).

[¶ 11] A police officer’s encounter with a citizen implicates the Fourth Amendment only if the officer “seizes” the citizen. See State v. Cilley, 1998 ME 34, ¶ 7, 707 A.2d 79, 82. An officer seizes a citizen “when ‘the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen’ such that he is not free to walk away.” Id. (quoting State v. Preble, 430 A.2d 553, 555 (Me.1981)). An officer does not violate the Fourth Amendment by merely approaching a citizen on the street or in a parked vehicle in a public place. See, e.g., United States v. Encarnacion-Galvez, 964 F.2d 402, 410 (5th Cir.1992) (no seizure when two plain clothes agents parked behind defendant’s vehicle without blocking egress, approached vehicle on foot, told defendant that they were agents, and asked defendant for identification); Moulton, 1997 ME 228, ¶ 9, 704 A.2d 361, 363-64 (officer did not seize a citizen when the officer drove the police vehicle next to a car stopped on the highway, stepped out of the vehicle, and approached the driver); State v. Laplante, 534 A.2d 959, 962 (Me.1987) (officer does not seize citizen when officer approached car pulled over in breakdown lane and asked driver what was wrong); see generally 4 W. LaFave, SEARCH & Seizure § 9.3(a) n. 45 (1996 & Supp.1999) (collecting cases in which officer approaches individual seated in parked vehicle in public place).

[¶ 12] An officer’s interaction with a citizen constitutes a seizure when the officer’s conduct is accompanied by actions that lead a reasonable person to believe that he is not free to leave. See INS v. Delgado, 466 U.S. 210, 215, 104 S.Ct. 1758, 80 L.Ed.2d 247 (1984); Cilley, 1998 ME 34, ¶ 8, 707 A.2d 79, 82. For example, an officer seizes an individual when the officer positions the police car so as to prevent any movement of the individual’s vehicle, see State v. Chapman, 495 A.2d 314

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Maine v. Landrum
Maine Superior, 2021
State of Maine v. Michael G. Cunneen
2019 ME 44 (Supreme Judicial Court of Maine, 2019)
State v. Cunneen
205 A.3d 885 (Supreme Judicial Court of Maine, 2019)
State of Maine v. Wysocki
Maine Superior, 2011
State v. LaPlante
2011 ME 85 (Supreme Judicial Court of Maine, 2011)
State v. Patterson
2005 ME 26 (Supreme Judicial Court of Maine, 2005)
State of Maine v. Doyle
Maine Superior, 2004
State v. Gulick
2000 ME 170 (Supreme Judicial Court of Maine, 2000)
State v. Connors
1999 ME 125 (Supreme Judicial Court of Maine, 1999)
State v. Brewer
1999 ME 58 (Supreme Judicial Court of Maine, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
1999 ME 58, 727 A.2d 352, 1999 Me. 58, 1999 Me. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brewer-me-1999.