Opinion

State of Maine v. Corbin

Court
Superior Court of Maine
Filed
Mar 14, 2001
Status
Unpublished
On the bench
Donald H. Marden
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

KENNEBEC SUPERIOR couRT CRIMINAL ACTION:

KENNEBEC, ss. - Mag 14 2001 DOCKET NO. CR-09-402

j “x

DAM KEN- 3/4 [2001

NANCY DESJARDIN

STATE OF MAINE GLERK OF COURTS

Vv. ORDER ON MOTION

TO SUPPRESS

TROY CORBIN,

Defendant

This matter is before the court on defendant's motion to suppress. Defendant

has been indicted for class B marijuana cultivation and class C conspiracy to

cultivate marijuana. Defendant seeks to suppress the product of a search conducted

in execution of a warrant on a mobile home owned by another in which the

defendant was living and, also, to suppress statements made by the defendant as

fruits of illegal search.

On September 22, 2000, a sergeant with the Kennebec County Sheriff's Office

presented to a Maine District Court Judge an affidavit and request for search warrant

at the residence and premises of one Shane L. Wood in the town of Vassalboro. The

premises contained a double-wide mobile home, a separate brown mobile home

accessed by a driveway from a nearby highway, and a white mobile home also

accessed by the other highway. The request also sought permission to search any

vehicles driven or registered to Shane L. Wood or persons of vehicles arriving

during the execution of the warrant and any out buildings on the premises.

Property to be searched for included controlled drugs, most specifically marijuana,

paraphernalia and other related items. As a result of the affidavit and request, a

search warrant was issued by the District Court Judge at 4:15 p.m. on September 22,

2000, authorizing the search for the property as described on "premises owned and

or occupied by Shane L. Wood dob: 02/13/67." The warrant further directed that it

be executed in the daytime and returned with inventory within 10 days.

A few days later the search warrant was executed. It is stipulated between the

State and the defendant that at the time of the execution of the search warrant, the

defendant, Troy Corbin, was living in the white mobile home accessed from the

Cross Hill Road. It was further stipulated that the search of the mobile home

continued even after the officers became aware that it was Mr. Corbin's residence.

The defendant argues that the consequence of the discovery by the officers

that the mobile home was the residence of the defendant rather than an unoccupied

structure caused the search to be a warrantless search and that there did not exist

probable cause to search the "residence of Troy Corbin." Defendant relies upon the

decision of the United States Supreme Court in Maryland v. Garrison, 480 U.S. 79,

107 S.Ct. 1013, a 1987 case. In response, the State argues that it is not required to

identify or be limited to the residential or nonresidential status of a dwelling

provided there exists sufficient probable cause for the search and the identification

of the structure is correct and consistent with the warrant. While, on its face, the

issue seems to be centered on whether the identification of the premises to be

searched is proper, it is this court's interpretation that the real issue is whether there

existed probable cause with respect to the premises in question notwithstanding an

unanticipated residency of a seeming innocent party.

In 1978, the United States Supreme Court decided the case of Zurcher v.

Stanford Daily, 436 U.S. 547 (1978). This case involved the execution of a search

warrant on the offices of a student newspaper in order to obtain photographic

evidence of assaults on police officers taking place in a violent occupation of a local

hospital. The Supreme Court reversed the decision of the Court of Appeals by

holding that the Fourth Amendment is not a barrier to warrants to search property

"on which there is probable cause to believe that fruits, instrumentalities, or

evidence of crime is located, whether or not the owner or possessor of the premises

to be searched is himself reasonably suspected of complicity in the crime being

investigated." Id. at 549-50. The Court goes on further to say, "Under existing law,

valid warrants may be issued to search any property, whether or not occupied by a

third party, at which there is probable cause to believe that fruits, instrumentalities,

or evidence of a crime will be found. Id. at 554. Finally for our purposes, the Court

goes on, "Search warrants are not directed at persons; they authorize the search of

‘places[s]' and the seizure of 'things,' and as a constitutional matter they need not

even name the person from whom the things will be seized." In so holding, the

Court cited United States v. Kahn, 415 U.S. 143, 155 n.15 (1974).

The Kahn case involved a wire tap order which was challenged as amounting

to a "virtual general warrant” without the necessary specificity. The court

concluded that the federal wire tap law required the naming of a person in the

applicable or interception order, "only when the law enforcement authorities have

probable cause to believe that the individual is 'committing the offense" which the

wire tap is sought. Id. at 156. In its footnote on that page, the Court suggests an

analogy in challenging the "general warrant" argument of the appellant. The

footnote goes on to say:

If a warrant had been issued, upon a showing of probable cause, to

search the Kahn residence for physical records of gambling operations,

there could be no question that a subsequent seizure of such records

bearing Minnie Kahn's handwriting would be fully lawful, despite the

fact that she had not been identified in a warrant or independently

investigated. In fact, as long as the property to be seized is described

with sufficient specificity, even a warrant failing to name the owner of

the premises at which a search is directed, while not the best practice,

has been held to past muster under the Fourth Amendment.

The Court citing Hanger v. United States, 398 F.2d 91, (8th Cir.) and others. The

footnote also directs the reader's attention to United States v. Fiorella, 468 F.2d 688

(2nd Cir.), "The Fourth Amendment requires a warrant to describe only 'the place to

be searched, and the person or things to be seized,’ not the persons from whom

things will be seized."

Subsequent to Zurcher, the Supreme Court decided Garrison in 1987. In that

case, the officers had a warrant to search, "The person of Lawrence McWebb and 'the

premises known as 2036 Park Avenue, third floor apartment." When the police

arrived to execute the warrant, they discovered that the third floor, in fact, had two

apartments, one occupied by McWebb and the other by the defendant Garrison.

After concluding that the officers clearly did not have a warrant to search the

apartment of Garrison, the court sustained the refusal to suppress on the grounds of

the good faith of the officers in making every attempt to determine the appropriate

premises and innocently finding themselves in the wrong apartment. Defendant

suggests that the instant circumstances do not contain evidence of good faith on the

part of the officers inasmuch as they continued the search of the mobile home

notwithstanding their new discovery that it was the residence of this defendant

rather than simply owned or occupied by the target of defendant. Defendant further

argues that the fact that Zurcher is not cited in the Garrison case suggests that

Zurcher is more limited in its scope and effect than would be appropriate in a

mistaken identity case. Defendant also cites McGlinchey v. Barrows, 41 Me. 74, an

1856 case, for the proposition that, "A warrant to search the dwelling house of a

person, only authorizes the officer to search the house in which such person lives;

and if he searches a house hired and occupied by another, though owned by such

person, he is guilty of trespass.”

The court is satisfied that Garrison and McGlinchey are cases decided on the

matter of identification of the premises to be searched and are fully consistent with

Zurcher, in that Zurcher, and the case at hand, have no infirmity to the

identification of the premises in question, thereby rendering Garrison and

McGlinchey inapplicable. It is undisputed that the search was executed at the mobile

home owned by Mr. Wood and precisely the appearance and location as described. It

is also clear that the warrant authorized the search of the premises owned and/or

occupied by Mr. Wood. The relevancy as to whether it may be occupied by another

is questionable. Further, probable cause created by the many facts outlined in the 14-

page affidavit and request for search warrant clearly articulated that the justification

of the search of the mobile home was premised, to a large degree, upon the alleged

activities of Mr. Wood within that mobile home and not dependent upon Mr.

Wood being in residence in that mobile home or personally occupying that mobile

home. Further, there is a representation in the affidavit of information that there

. would be another person, a stranger to the process, who occupied one of the three

mobile homes in question and whose job was to tend to the contraband sought by

the warrant. Therefore, the probable cause related to the precise location to be

searched notwithstanding any other status that might exist at the time of the search,

including the fact that this defendant was in residence in that mobile home.

This must be distinguished from the circumstances in McGlinchey in which

it was clear that the target of the search warrant was the store and home of the

accused for purposes of keeping illegal alcohol in accordance with the stated facts of

probable cause. When the officers searched the premises of another person,

notwithstanding its part of the same building, they had no probable cause to conduct

that search.

As so in Garrison: the officers had no probable cause to search the apartment

of Mr. Garrison even though it occupied part of the third floor of the building where

the officers did have probable cause to search the apartment of Mr. McWebb. In the

instant case, nothing about the residency of Mr. Corbin removed the probable cause

existent in the officers for purposes of the warrant.

It is understood by the court that the statements by the defendant against self

interest made during the course of the search are sought to be suppressed as being

the fruits of an illegal search. Inasmuch as the court has found the search to be

lawful and will deny the motion to suppress the products of the search, to the extent

the defendant seeks suppression of his confession solely on the grounds of the status

of the search, that suppression should be denied as well.

For all the reasons stated herein, the entry will be:

Defendant's motion to suppress is DENIED.

Dated: March (7% ,2001 - <EFKE eC

Donald H. Marden

Justice, Superior Court

wirid dog WL Prasad

VS KENNEBEC, Ss.

TROY CORBIN Docket No AUGSC-CR-2000-00402

RR 1 BOX 104 KNOWLES ROAD

3LGRADE ME 04917 DOCKET RECORD

DOB: 07/05/1973

Attorney: SUMNER LIPMAN State's Attorney: LARA NOMANI

RETAINED 12/11/2000

Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C)

Filing Date: 12/11/2000

Charge (s)

1 MARIJUANA CULTIVATION 09/25/2000 VASSALBORO

17-A 1117(2) (A) Class B

2 CONSPIRACY TO COMMIT A CLASS B CRIME 09/25/2000 VASSALBORO

17-A 151(1) Class C

Docket Events:

12/12/2000 FILING DOCUMENT - INDICTMENT FILED ON 12/11/2000

12/12/2000 Charge(s): 1,2

HEARING - ARRAIGNMENT SCHEDULED FOR 12/19/2000 @ 8:15

12/12/2000 Charge(s): 1,2

SUMMONS -~ SUMMONS TO APPEAR FOR ARRAIGN ISSUED FOR 12/12/2000 @ 8:15

12/14/2000 ATTORNEY - RETAINED ENTERED ON 12/11/2000

Attorney: SUMNER LIPMAN

ATTORNEY FOR PARTY 002 DEFENDANT

12/19/2000 Charge(s): 1,2

HEARING - ARRAIGNMENT SCHEDULED FOR 12/19/2000

NOTICE TO PARTIES/COUNSEL

12/20/2000 Charge(s): 1,2

HEARING - ARRAIGNMENT HELD ON 12/19/2000

NANCY MILLS , JUSTICE

Attorney: SUMNER LIPMAN

DA: ALAN KELLEY Reporter: JANETTE COOK

Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT /INFORMATION GIVEN TO

DEFENDANT. 21 DAYS TO FILE MOTIONS

ANDREW BENSON, AAG STOOD IN AT ARRAIGNMENT

FOR LARA NOMANI, AAG.

12/20/2000 Charge(s): 1,2

PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 12/19/2000

12/20/2000 BAIL BOND - CONDITIONS OF RELEASE ISSUED ON 12/19/2000

DEFENDANT IS TO HAVE NO CONTACT WITH SHANE WOOD; DEFENDANT IS TO

Page 1 of 2 Printed on: 03/20/2001

12/26/2000

01/12/2001

01/12/2001

02/21/2001

03/20/2001

03/20/2001

03/20/2001

03/20/2001

TROY CORBIN

AUGSC-CR-2000-00402

DOCKET RECORD

HAVE NO USE OR POSSESSION OF ALCOHOL AND SCHEDULED DRUGS AND IS TO SUBMIT TO SEARCH AND

TESTING; DEFENDANT IS TO ENTER INTO LIMESTONE

IMMEDIATELY AND COMPLETE THE PROGRAM, THEN TO POST $10,000.00 SURETY; IF HE DOES NOT

COMPLETE THE PROGRAM THAN HE IS TO GO TO JAIL.

MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 12/26/2000

MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 01/10/2001

MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 01/10/2001

BAIL BOND - SURETY BAIL BOND FILED ON 02/16/2001

A TRUE COPY

ATTEST:

Bail Amt: $10,000 Surety Type: SINGLE REAL ESTATE Surety Value: $0

County: KENNEBEC County Book ID: 6402 Book Page: 278

Date Bailed: 02/16/2001 Prvdr Name: RUTH A CORBIN

Lien Issued: 02/14/2001 Rtrn Name: RUTH A CORBIN

Lien Discharged:

Conditions of Bail:

Have no contact with...

1 SHANE WOOD

and the family of said person(s).

HEARING - MOTION TO SUPPRESS SCHEDULED FOR 03/26/2001

NOTICE TO PARTIES/COUNSEL

HEARING - MOTION TO SUPPRESS HELD ON 02/26/2001

DONALD H MARDEN , JUSTICE

Attorney: GREGG BERNSTEIN

DA: LARA NOMANI Reporter: PHILIP GALUCKI

Defendant Present in Court

TAKEN UNDER ADVISEMENT

MOTION - MOTION TO SUPPRESS DENIED ON 03/14/2001

DONALD H MARDEN , JUSTICE

COPY TO PARTIES/COUNSEL

MOTION - MOTION FOR DISCOVERY GRANTED ON 03/13/2001

DONALD H MARDEN , JUSTICE

COPY TO PARTIES/COUNSEL ~ DEF MAY HAVE

ACCESS TO VIDEOTAPE FOR PURPOSES OF MAKING A COPY TO BE USED SOLELY IN THE DEFENSE OF

THIS CASE AND FOR NO OTHER PURPOSE.

Clerk

Page 2 of 2 Printed on: 03/20/2001

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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