State v. Pinkham

565 A.2d 318, 1989 Me. LEXIS 276
Supreme Judicial Court of Maine·Decided October 24, 1989·Published·Cited by 104 cases

Opinions

HORNBY, Justice.

The question in this case is whether a police officer has “specific and articulable facts” to justify stopping and warning a driver when he observes improper driving behavior not worthy of a citation for a traffic infraction. Concluding that a civil or criminal infraction is not always essential and that safety reasons alone could justify such a stop, we vacate the judgment of the District Court (Skowhegan, MacNi-chol, J.) that granted the defendant’s motion to suppress evidence and remand for further proceedings.

At about 2:00 A.M. on a summer Sunday morning a police officer in the town of Skowhegan observed the defendant drive down Russell Street to its intersection with Madison Avenue. Weather conditions were clear and there were no other vehicles around. At the Russell-Madison intersection, Russell Street is a one-way street divided into three lanes. Well-marked and clearly visible directional arrows painted on the pavement indicate that the right lane is to be used for turning right onto Madison Avenue, the middle lane is to be used for proceeding ahead through the intersection onto Elm Street and the left lane is to be used for turning left onto Madison Avenue. There are yield signs but no traffic lights at the intersection.

The defendant entered the right lane, slowed down, then instead of turning right [319] as the lane markings directed, and without making any signals, passed straight through the intersection and quickly proceeded up Elm Street. The police officer pulled the defendant over “merely for safety reasons,” as he testified, and “to inquire about the improper lane usage and to inform him that in the future, should he use the lanes, to be sure to advise other drivers of his intentions ... ” — “performing an informational function” in the District Court’s words. As a result of the stop, however, the police officer observed circumstances that led to a preliminary breath test and an ultimate arrest for operating under the influence.

On the defendant’s motion to suppress the evidence resulting from the stop, the District Court reasoned that the grounds identified by the police officer did not justify the stop. It interpreted State v. Caron, 534 A.2d 978 (Me.1987), as requiring more —specifically, grounds for believing that a violation of law had occurred. The District Court found that here the defendant had committed no infraction of state law in ignoring the directional arrow on the pavement and that the reason for the stop was only to convey information or a warning. The District Court therefore granted the defendant’s motion to suppress.

Caron involved a one-time straddling of the center line for 25 to 50 yards with no oncoming traffic on an early morning. Id. at 978-79. In Caron, this Court held that the single incident of lane-straddling “did not give rise to an objectively reasonable suspicion that criminal activity was involved.” Id. In Caron we had no occasion to focus upon the adequacy of a safety justification.

This record presents only the safety issue. The Skowhegan police officer had no suspicion of criminal activity,1 but simply observed improper lane usage and pulled the driver over to warn him about improper driving behavior. Thus, we must decide whether safety reasons alone can ever justify a stop.

The Fourth Amendment standard is clear: “[i]n order to initiate an investigation involving brief detention short of a formal arrest, a law enforcement officer must act on the basis of ‘specific and artic-ulable facts which, taken together with rational inferences from those 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; 1879-1880, 20 L.Ed.2d 889 (1968)). Nothing in the Fourth Amendment requires that the “specific and articulable facts” relate to suspected criminal activity, although that was the factual context of both Terry and Griffin. If we were to insist upon suspicion of activity amounting to a criminal or civil infraction to meet the Terry/Griffin standard, we would be overlooking the police officer’s legitimate role as a public servant to assist those in distress and to maintain and foster public safety. “Local police officers ... frequently investigate vehicle accidents in which there is no claim of criminal liability and engage in what, for want of a better term, may be described as community caretaking functions, totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.” Cady v. Dombrowski, 413 U.S. 433, 441, 93 S.Ct. 2523, 2528, 37 L.Ed.2d 706 (1973) (upholding, for public safety reasons, search of out-of-state police officer’s abandoned vehicle before leaving it unattended, on the belief that it might contain his service revolver). Police officers do not violate the Fourth Amendment if they stop a vehicle when they have adequate grounds to believe the driver is ill or falling asleep, cf. 3 W. LaFave, Search & Seizure § 7.4(f), at 123-24 and cases cited at n. 114 (1987 & Supp.1989). Safety reasons alone can be sufficient if they are based upon “specific and articulable facts.” For example, we [320] have recently upheld a stop when blinking headlights led an officer to halt a vehicle for safety reasons. State v. Fuller, 556 A.2d 224 (Me.1989); accord, State v. Puig, 112 Ariz. 519, 544 P.2d 201 (1975) (suspicion of defective turn signals justifies stop); State v. Harrison, 111 Ariz. 508, 533 P.2d 1143 (1975) (bouncing left rear tire justifies stop). In such instances, the “specific and articulable facts” are not related to suspected infractions of the law, yet the intrusion is warranted.

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State v. Pinkham, 565 A.2d 318, 1989 Me. LEXIS 276 (Me. 1989).

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