State v. D'ANGELO

605 A.2d 68, 1992 Me. LEXIS 52
CourtSupreme Judicial Court of Maine
DecidedFebruary 28, 1992
StatusPublished
Cited by11 cases

This text of 605 A.2d 68 (State v. D'ANGELO) 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. D'ANGELO, 605 A.2d 68, 1992 Me. LEXIS 52 (Me. 1992).

Opinions

COLLINS, Justice.

The State appeals from a judgment of the Superior Court (Penobscot County, Browne, A.R.J.) reversing the denial of defendant Clement D’Angelo’s motion to suppress and vacating the judgment of the District Court (Millinocket, Calkins, C.J.) entered on D’Angelo’s conditional guilty plea for operating a motor vehicle while under the influence of intoxicating liquor. 29 M.R.S.A. § 1312-B (Supp.1989). We vacate the judgment of the Superior Court and reinstate the District Court’s judgment.

At about 11:00 p.m. on June 2, 1990, the Millinocket Police Department set up an OUI roadblock in a residential area on Bates Street near its intersection with Bow-doin Street. The roadblock was conducted pursuant to the written policy of the police department and was approved by the Chief of Police. The roadblock was highly visible, illuminated by cones, reflecting triangles and two police cruisers with their blue lights on, and had been announced on the radio. The traffic was being stopped in both directions by four police officers stationed at the roadblock. In, addition, an unmarked police cruiser, operated by Sergeant Budge, was used as a “chase car" to stop and check anyone who attempted to avoid the roadblock. There was no established policy or standard for determining whether an individual was attempting to avoid the roadblock.

Sergeant Budge saw D’Angelo’s vehicle turn into a residential driveway about 75 yards from the checkpoint. Budge stated that although he did not know all the residents of the two-family home, he knew one of the families and had never seen that vehicle parked in the driveway. After pulling into the driveway, the vehicle’s lights were turned off and the three occupants turned their heads to look at the roadblock. None of the occupants left the vehicle. After approximately 30 seconds of observing the vehicle and the occupants, Sergeant Budge pulled up behind D’Angelo’s vehicle, got out of his cruiser and approached the car. He observed that D’Angelo appeared intoxicated and asked him for proper identification and to perform certain sobriety tests. When D’Angelo failed some of these tests, Sergeant Budge arrested him for OUI.

After a hearing, the District Court denied D’Angelo’s motion to suppress evidence obtained after the stop. Pursuant to M.R.Crim.P. 11(a)(2), the District Court entered a judgment on D’Angelo’s written conditional guilty plea, and D’Angelo appealed to the Superior Court. After a hearing, the Superior Court reversed the District Court’s decision to deny the motion to suppress, vacated the judgment and remanded the case to the District Court to allow D’Angelo to withdraw his guilty plea. See M.R.Crim.P. 11(a)(2). The State now appeals.

The constitutionality of police roadblocks to detect intoxicated motorists has been upheld by the United States Supreme Court and by this Court. Michigan Department of State Police v. Sitz, 496 U.S. 444, 110 [70]*70S.Ct. 2481, 110 L.Ed.2d 412 (1990); State v. Leighton, 551 A.2d 116 (Me.1988). This Court has also addressed the propriety of investigative stops of vehicles in the vicinity of such a roadblock. We have stated repeatedly and unequivocally that an officer must have a “reasonable and articula-ble suspicion” that the vehicle’s occupants were engaged in criminal activity. State v. Powell, 591 A.2d 1306, 1308 (Me.1991); State v. Patterson, 582 A.2d 1204, 1206 (Me.1990). This standard is met only where “specific and articulable facts which, taken together with rational inferences from these facts, reasonably warrant that intrusion.” State v. Griffin, 459 A.2d 1086, 1089 (Me.1983), quoting Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968).

Two recent cases provide the appropriate framework for analyzing this one. In State v. Powell, 591 A.2d 1306, the trial court had found that no “reasonable and articulable suspicion” arose from the officer’s observation of a vehicle turning around 700 yards before the roadblock. We held that because it was supportable by the facts, the finding could not be reversed on appeal; we explicitly reserved the question, “whether avoidance of a roadblock may give rise to an articulable suspicion of criminal conduct.” Id. at 1308, n. 5. More on point, then, is State v. Patterson, 582 A.2d 1204. There, we upheld the trial court’s finding that the stop of defendant’s car was based on a “reasonable and articu-lable suspicion.” We held, “Defendant’s action in relinquishing the wheel in advance of a legal roadblock gave rise to a reasonable, articulable suspicion of criminal conduct that amply justified the investigative stop.” Id. at 1206.

These two cases do not directly resolve the issue here, whether the investigative stop of D’Angelo was supported by a “reasonable and articulable suspicion.” The cases reveal that the stop can be upheld if the roadblock is constitutional and the stop is supported by a “reasonable and articulable suspicion.” Here, the District Court held that the roadblock was constitutional and that conclusion has not been challenged. It did not make an explicit finding as to “reasonable and articulable suspicion,” but such a finding is implicit in its opinion. First, absent a specific finding or request therefor, the trial court is presumed to have made all factual findings necessary to support its decision. State v. Fournier, 554 A.2d 1184, 1187 (Me.1987); State v. Garland, 445 A.2d 1021 (Me.1982). Since a finding that the stop was based upon “reasonable and articulable suspicion” was necessary to the court’s decision not to suppress the evidence, we must assume that it made such a finding. The District Court’s opinion, moreover, relies on a case which holds that the act of turning around to avoid a roadblock may give rise to a “reasonable and articulable suspicion” and justify a valid seizure. See Snyder v. State, 538 N.E.2d 961, 965-966 (Ind.App. 4th Dist.1989) (existence of reasonable suspicion determined on a case by case basis). By allowing the evidence pursuant to the Snyder v. State rationale, the District Court implicitly found that this stop was premised upon a “reasonable and articula-ble suspicion.”

We will overturn the District Court’s finding that the stop was supported by a “reasonable and articulable suspicion” only if the record discloses that it is clearly erroneous. State v. Fuller, 556 A.2d 224 (Me.1989); State v. Thurlow, 485 A.2d 960, 963 (Me.1984) (“Whether for a particular vehicular stop the police had the required articulable suspicion is always a question of fact to be decided by the trial judge who hears the witnesses at the suppression hearing.”).

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State v. D'ANGELO
605 A.2d 68 (Supreme Judicial Court of Maine, 1992)

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605 A.2d 68, 1992 Me. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dangelo-me-1992.