State v. Martin

195 A.3d 805
CourtSupreme Judicial Court of Maine
DecidedOctober 23, 2018
DocketDocket: Pen-18-42
StatusPublished

This text of 195 A.3d 805 (State v. Martin) 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. Martin, 195 A.3d 805 (Me. 2018).

Opinion

ALEXANDER, J.

*806[¶ 1] Christopher J. Martin appeals from a judgment of conviction for operating under the influence (Class D), 29-A M.R.S. § 2411(1-A)(B)(1) (2017), entered in the trial court (Penobscot County, Jordan, J. ) after a jury trial. Martin contends that the motion court (A. Murray, J. ) erred by finding that exigent circumstances justified two warrantless blood draws and denying his motion to suppress the evidence of his blood-alcohol level derived from the second blood draw. We affirm the judgment.

I. CASE HISTORY

[¶ 2] The following facts are taken from the court's findings on the motion to suppress and are reviewed for clear error. State v. Cote , 2015 ME 78, ¶ 9, 118 A.3d 805. In the early morning of October 11, 2016, an officer of the Bangor Police Department initiated a traffic stop after witnessing Martin's vehicle twice fail to stop at flashing red traffic lights. The officer noted that Martin was slurring his speech. When asked if he had been drinking, Martin said that he had consumed only a single drink four to six hours earlier. After he performed poorly on several field sobriety tests, the officer arrested Martin for operating under the influence.

[¶ 3] At the time of the arrest, Martin was in possession of a large amount of money, which the officer began counting on the hood of the police vehicle in Martin's presence. Martin regularly interrupted the counting process and repeatedly requested that the money be counted again in what the officer believed was an attempt to prolong the time it took to complete the count. Once the money was counted, the officer transported Martin to the Bangor Police Department to conduct a breath test. Review of the record, including a dash camera video, indicates that approximately one hour passed between the initial vehicle stop and Martin's arrival at the police department.

[¶ 4] Upon arriving at the police department, the officer performed the requisite mouth check and removed Martin's false teeth in preparation for a breath test. The officer then attempted to complete the required fifteen-minute monitoring period to ensure that Martin did not belch, as belching may cause residual alcohol to be present in the mouth that could affect the results of a breath test. Martin belched during the first monitoring period, requiring the officer to restart the period. Martin belched during a second waiting period and complained of indigestion, although he had not exhibited any signs of digestive upset until that point.

[¶ 5] After Martin belched again during a third waiting period, the officer decided to take Martin to Eastern Maine Medical Center (EMMC) to perform a blood draw. The officer testified that he informed Martin that "because of [Martin's] indigestion and belching, we'd be completing a blood draw." The officer testified that Martin responded "okay" and was "compliant." The officer knew that a prompt blood draw improved the accuracy of the test results and was important in OUI investigations.

[¶ 6] At EMMC, the officer gave Martin a consent form and told him that it would have to be signed for the blood draw to be completed. Martin complied with the officer's instructions and signed the form. After the blood draw, Martin was transported to the Penobscot County Jail. Shortly after arriving at the jail, the officer received a call informing him that Martin's *807blood draw may have been contaminated by the use of an alcohol swab. The officer transported Martin back to EMMC. Martin remained compliant and signed a second consent form before another blood draw was completed. More than two hours had elapsed between the traffic stop and the second blood draw. The officer never sought a search warrant for the purpose of drawing Martin's blood.

[¶ 7] On October 16, 2016, Martin was charged by complaint with operating under the influence. Martin filed a motion to suppress the evidence from the second blood draw.1 After a hearing on July 17, 2017, the court (A. Murray, J. ) denied the motion, concluding that exigent circumstances justified the warrantless blood draw.

[¶ 8] The matter proceeded to a jury trial on January 17, 2018. Following the jury's guilty verdict, the court (Jordan, J. ) entered a judgment of conviction and sentenced Martin to a term of ten days in the county jail, $890 in fines and surcharges, and a three-year suspension of his right to operate a motor vehicle, with execution stayed pending appeal.2 Martin timely appealed. M.R. App. P. 2B(b).

II. LEGAL ANALYSIS

[¶ 9] Martin contends that the State failed to prove that exigent circumstances justified the warrantless blood draws. He cites the United States Supreme Court's holding in Birchfield v. North Dakota , --- U.S. ----, 136 S.Ct. 2160, 2174, 195 L.Ed.2d 560 (2016), for the proposition that the evanescent nature of blood alcohol evidence does not, per se, establish exigency and argues that the delay caused by the counting of his money and his belching did not create a true exigency. Martin further argues that under Missouri v. McNeely , 569 U.S. 141, 153-155, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), the State's failure to explain why the arresting officer never sought a warrant precludes the application of the exigent circumstances exception.

[¶ 10] "When reviewing a trial court's denial of a motion to suppress, we review the findings of fact for clear error and the conclusions of law de novo." State v. Turner , 2017 ME 185, ¶ 7, 169 A.3d 931.

[¶ 11] Ordinarily, a law enforcement officer must obtain a search warrant before taking a sample of a defendant's blood. Schmerber v. California , 384 U.S. 757, 770, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966). A search conducted without a warrant is generally deemed unreasonable unless conducted within a limited number of exceptions, such as when the defendant consents or there are exigent circumstances. Katz v. United States

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Related

Schmerber v. California
384 U.S. 757 (Supreme Court, 1966)
Katz v. United States
389 U.S. 347 (Supreme Court, 1967)
Schneckloth v. Bustamonte
412 U.S. 218 (Supreme Court, 1973)
Missouri v. McNeely
133 S. Ct. 1552 (Supreme Court, 2013)
State v. Dunlap
395 A.2d 821 (Supreme Judicial Court of Maine, 1978)
State v. Rabon
2007 ME 113 (Supreme Judicial Court of Maine, 2007)
State of Maine v. Clarence Cote
2015 ME 78 (Supreme Judicial Court of Maine, 2015)
State of Maine v. John E. Arndt
2016 ME 31 (Supreme Judicial Court of Maine, 2016)
Birchfield v. N. Dakota. William Robert Bernard
579 U.S. 438 (Supreme Court, 2016)
State of Maine v. Ryan Turner
2017 ME 185 (Supreme Judicial Court of Maine, 2017)
State v. Cormier
2007 ME 112 (Supreme Judicial Court of Maine, 2007)

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Bluebook (online)
195 A.3d 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-me-2018.