The opinion
STATE OF MAINE SUPERIOR COURT
KENNEBEC, ss CRIMINAL ACTION
DOCKET NO. CR-0?-329
N M - KeN - Ja,r':JO/JOO~
STATE OF MAINE
v. ORDER ON MOTION
TO SUPPRESS
DAREN SANCHEZ,
Defendant
The defendant seeks to suppress evidence obtained as a result of the stop of the
truck operated by the defendant on 2/27/09. The defendant argues that the officer
lacked sufficient specific and articulable facts to justify the stop. For the following
reasons, the motion is denied.
FINDINGS OF FACT
The findings of fact made on the record at the conclusion of the hearing are
incorporated into this order by reference.
CONCLUSIONS OF LAW
In order to justify a brief investigatory stop, "a police officer must have an
articulable suspicion that criminal conduct or a civil violation has occurred, is occurring,
or is about to occur, and the officer's suspicion must be 'objectively reasonable in the
totality of the circumstances.'" State v. Brown, 1997 ME 90, <JI 5, 694 A.2d 453, 455
(quoting State v. Cusack. 649 A.2d 16, 18 (Me. 1994». The officer's suspicion must be
reasonable, not fail proof. State v. Taylor, 1997 ME 81, <JI 9, 694 A.2d 909-10 n.5 (Me.
1997); State v. Hill, 606 A.2d 793, 94-95 (Me. 1992).
"A investigatory stop is valid when it is 'supported by specific and articulable
facts which/ taken as a whole and together with rational inferences from those facts/
reasonably warrant the police intrusion.'" See Taylor, 1997 ME 8L <j[ 9/ 694 A.2d at 909
(quoting Hill, 606 A.2d at 795). "The reasonable suspicion standard requires less than
probable cause that a crime was being committed/ but more than speculation or an
unsubstantiated hunch." State v. Sampson, 669 A.2d 1326/ 1328 (Me. 1996). "Suspicion
of a civil violation provides adequate specific and articulable facts." Taylor, 1997 ME 81/
<j[ 9/694 A.2d at 909 (citing Hill, 606 A.2d at 795; 29-A M.R.S. §§ 103/ 104/ 190L 1912).
Officer Gove observed the truck drifting to the right side of the road/ then jerking
back to the left/ and almost stopping at a green light when there was no oncoming
traffic. He also determined that the truck's leaky and loud aftermarket exhaust would
not pass inspection. That determination was supported by the testimony of Harry
Booth/ the owner of the truck operated by the defendant. The officer's observations
provided adequate specific and articulable facts to justify the stop.
The entry is
The Motion to Suppress is DENIED.
..
Date: December 30/ 2009
Nancy Mills
Justice/ Superior
2
STATE OF MAINE SUPERIOR COURT
vs KENNEBEC, ss.
DAREN W SANCHEZ Docket No AUGSC-CR-2009-00329
10 MOUNTAIN RD
WASHINGTON ME 04574 DOCKET RECORD
DOB: 04/22/1982
Attorney: WALTER MCKEE State's Attorney: EVERT FOWLE
LIPMAN & KATZ & MCKEE, PA
227 WATER STREET
PO BOX 1051
AUGUSTA ME 04332-1051
RETAINED 04/08/2009
Filing Document: CRIMINAL COMPLAINT Major Case Type: MISDEMEANOR (CLASS D,E)
Filing Date: 02/27/2009
Charge(s)
1 OPERATING UNDER THE INFLUENCE-l PRIOR 02/27/2009 GARDINER
Seq 9879 29-A 2411 (I-A) (B) (1) Class D
GOVE / GAR
Docket Events:
05/07/2009 Charge(s): 1
TRANSFER - TRANSFER FOR JURY TRIAL EDI ON 05/07/2009 @ 18:00
TRANSFERRED CASE: SENDING COURT CASEID AUGDCCR200900426
FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 02/27/2009
Charge(s): 1
HEARING - ARRAIGNMENT SCHEDULED FOR 04/15/2009 @ 10:00 in Room No. 1
NOTICE TO PARTIES/COUNSEL
Charge (s): 1
HEARING - ARRAIGNMENT WAIVED ON 04/15/2009
BAIL BOND - $500.00 CASH BAIL BOND FILED ON 02/28/2009
BAIL BOND - CASH BAIL BOND DISBURSEMENT ON 05/05/2009
Party(s) : DAREN W SANCHEZ
ATTORNEY - RETAINED ENTERED ON 04/08/2009
Attorney: WALTER MCKEE
Charge(s): 1
PLEA - NOT GUILTY ENTERED BY COUNSEL ON 04/15/2009
TRIAL - BENCH SCHEDULED FOR 05/19/2009 @ 8:30 in Room No. 1
NOTICE TO PARTIES/COUNSEL
TRIAL - BENCH NOT HELD ON 04/29/2009
TRIAL - BENCH NOTICE SENT ON 04/16/2009
page 1 of 4 Printed on: 12/30/2009
DAREN W SANCHEZ
AUGSC-CR-2009-00329
DOCKET RECORD
Charge(s): 1
MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 04/08/2009
HEARING - MOTION TO SUPPRESS SCHEDULED FOR 05/19/2009 @ 8:30 in Room No. 1
NOTICE TO PARTIES/COUNSEL
05/07/2009 HEARING - MOTION TO SUPPRESS NOT HELD ON 04/29/2009
HEARING - MOTION TO SUPPRESS NOTICE SENT ON 04/16/2009
Charge(s): 1
MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 04/08/2009
HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/19/2009 @ 8:30 in Room No. 1
NOTICE TO PARTIES/COUNSEL
HEARING - MOTION FOR DISCOVERY NOT HELD ON 04/29/2009
HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/19/2009 @ 8:30 in Room No. 1
NOTICE TO PARTIES/COUNSEL
HEARING - MOTION FOR DISCOVERY NOT HELD ON 04/29/2009
HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 04/16/2009
Charge(s): 1
MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 04/29/2009
Charge(s): 1
TRANSFER - TRANSFER FOR JURY TRIAL GRANTED ON 05/05/2009
Charge(s): 1
TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 04/29/2009
Charge(s): 1
FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 05/05/2004
AUGSC
05/11/2009 Charge(s): 1
TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 05/08/2009
RECEIVED FROM AUGUSTA DISTRICT COURT DOCKET NO:CR-09-426
05/11/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 07/08/2009 @ 8:30
NOTICE TO PARTIES/COUNSEL
05/11/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 07/08/2009 @ 8:30
NOTICE TO PARTIES/COUNSEL
05/11/2009 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 07/08/2009 @ 8:30
NOTICE TO PARTIES/COUNSEL
05/11/2009 BAIL BOND - $500.00 CASH BAIL BOND FILED ON 05/07/2009
Page 2 of 4 Printed on: 12/30/2009
DAREN W SANCHEZ
AUGSC-CR-2009-00329
DOCKET RECORD
Bail Receipt Type: CR
Bail Amt: $500
Receipt Type: CK
Date Bailed: 02/27/2009 Prvdr Name: DAREN W SANCHEZ
Rtrn Name: DAREN W SANCHEZ
05/14/2009 MOTION - MOTION TO AMEND COMPLAINT FILED BY STATE ON 05/13/2009
07/07/2009 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 07/07/2009
07/08/2009 HEARING - MOTION TO SUPPRESS NOT HELD ON 07/08/2009
07/08/2009 HEARING - MOTION FOR DISCOVERY NOT HELD ON 07/08/2009
07/08/2009 HEARING - MOTION TO SUPPRESS NOT HELD ON 07/08/2009
07/10/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 10/06/2009 @ 2:15
NOTICE TO PARTIES/COUNSEL
10/07/2009 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 10/07/2009
Attorney: WALTER MCKEE
10/09/2009 MOTION - MOTION TO CONTINUE GRANTED ON 10/07/2009
DONALD H MARDEN , JUSTICE
COpy TO PARTIES/COUNSEL
10/09/2009 MOTION - MOTION TO CONTINUE GRANTED ON 10/07/2008
DONALD H MARDEN , JUSTICE
COpy TO PARTIES/COUNSEL
10/09/2009 HEARING - MOTION TO SUPPRESS CONTINUED ON 10/07/2009
DONALD H MARDEN , JUSTICE
10/09/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/09/2009 @ 1:30
NOTICE TO PARTIES/COUNSEL
10/09/2009 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 10/09/2009
12/09/2009 HEARING - MOTION TO SUPPRESS CONTINUED ON 12/09/2009
12/09/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/10/2009 @ 8:30
NOTICE TO PARTIES/COUNSEL
12/09/2009 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 12/10/2009 @ 8:30
NOTICE TO PARTIES/COUNSEL
12/11/2009 HEARING - MOTION TO SUPPRESS HELD ON 12/10/2009
NANCY MILLS , JUSTICE
Attorney: WALTER MCKEE
Defendant Present in Court
ER, TAPE#1264, INDEX#5431
12/11/2009 Charge(s): 1
MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 12/10/2009
NANCY MILLS , JUSTICE
Page 3 of 4 Printed on: 12/30/2009
DAREN W SANCHEZ
AUGSC-CR-2009-00329
DOCKET RECORD
12/11/2009 Charge(s): 1
MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 12/10/2009
NANCY MILLS , JUSTICE
12/30/2009 Charge(s): 1
MOTION - MOTION TO SUPPRESS DENIED ON 12/30/2009
NANCY MILLS , JUSTICE
COPY TO PARTIES/COUNSEL
12/30/2009 HEARING - MOTION FOR DISCOVERY NOT HELD ON 12/10/2009
NANCY MILLS , JUSTICE
12/30/2009 Charge (s): 1
MOTION - MOTION FOR DISCOVERY WITHDRAWN ON 12/10/2009
NANCY MILLS , JUSTICE
12/30/2009 Charge(s): 1
MOTION - MOTION TO SUPPRESS DENIED ON 12/30/2009
NANCY MILLS , JUSTICE
COpy TO PARTIES/COUNSEL
A TRUE COPY
ATTEST:
Clerk
Page 4 of 4 Printed on: 12/30/2009