The opinion
STATE OF MAINE SUPERIOR COURT
CUMBERLAND, ss CRINIINAL ACTION
DOCKET NO. CR-11-0187 ~
,> ...
,'ill) ",. C! 1/1\ I
STATE OF MAINE
v. ORDER ON MOTION
TO SUPPRESS
DARYL BROWN,
Defendant
The defendant seeks to suppress evidence obtained as a result of the stop
of the vehicle operated by the defendant on 11/3/10. The defendant argues that
the officer lacked specific and articulable facts to justify the stop or to order the
defendant to get out of his vehicle. For the following reasons, the motion is
denied.
FINDINGS OF FACT
Cumberland County Deputy Sheriff Sergeant Trevor Cote was on duty on
11 /3/10 when he received a call from dispatch. A civilian witness had called
with concerns about a Toyota pick-up truck that was swerving and could not
maintain its speed. 1 The truck was reported to have turned on the Moody Road.
Deputy Sheriff Cote checked the registration given to him, which revealed
an address of Steep Falls. Deputy Sheriff headed to the address. Five minutes
later, he made contact with the truck on the Boundary Road, which is close to the
Moody Road. The registration and description of the Toyota truck matched the
information from dispatch.
Deputy Sheriff Cote followed the truck for three or four tenths of a mile.
1 Some of the information provided to Deputy Cote by dispatch was not captured
on the dispatch audiotape.
He observed the truck swerve to the right side of the road and then to the left
side of the road. Both driver side tires crossed the centerline by approximately
one foot. Deputy Cote decided to stop the truck and activated the blue lights on
his marked cruiser.
Deputy Cote approached the truck after the truck pulled off the road. He
could detect an odor of an intoxicating beverage when the operator, the
defendant, spoke. Deputy Cote asked the defendant to step out of the truck.
because Deputy Cote intended to ask the defendant to perform field sobriety
tests.
CONCLUSIONS OF LAW
Because the information provided by the civilian witness with regard to
the description, registration, location, and operation of the truck was verified by
the deputy's observations, the deputy had "specific and articulable facts
sufficient to warrant the stop." State v. Lafond, 2002 ME 124, errerr 6, 9, 802 A.2d
425, 428-29; see also State v. McDonald, 2010 ME 102, err 9, 6 A.3d 283, 285-86.
Further, based on the operation of the truck and the odor of an intoxicating
beverage coming from the defendant, the deputy had specific and articulable
facts sufficient to warrant the field sobriety tests. State v. Wood, 662 A.2d 919,
920 (Me. 1995); see also State v. King, 2009 ME 14, errerr 6, 9, 965 A.2d 52,53-54.
The entry is
The Motion to Suppress is DENIED.
Date: May 26, 2011
ancy Mills
Justice, Superior Court
STATE OF MAINE
vs
DARY'-., A BROWN Docket No CUMCD-CR-2011-00187
150 BOUNDRY RD
STANDISH ME 04084
DOCKET RECORD
DOB: 12/10/1987
Attorney: JAMES BOULOS State's Attorney: CHRISTINE THIBEAULT
THE BOULOS LA W FIRM
PO BOX 856
75 NORTH ST
SACO ME 04072-0856
RETAINED 01/1112011
Charge(s)
I OPERATING UNDER THE INFLUENCE 1110312010 STANDISH
Seq 11493 29-A 241I(1-A)(A) Class D
cmE / CUM
2 OPERATING UNDER THE INFLUENCE 11/0312010 STANDISH
Seq 11493 29-A 241I(1-A)(A) Class D
COTE CUM
Docket Events:
01/071201 I Charge(s): 1,2
TRANSFER - PERMANENT TRANSFER EDI ON 01/07120 II @ 18:00
TRANSFERRED CASE: SENDING COURT CASEID BRIDCCR201000810
FILING DOCUMENT - NON CASH BAIL BOND FILED ON 11/05/2010
Charge(s): I
HEARING - ARRAIGNMENT SCHEDULED FOR 1212112010 @ 8:30
NOTICE TO PARTIES/COUNSEL
Charge(s): I
HEARING - ARRAIGNMENT HELD ON 12121/2010
JEFF MOSKOWITZ, JUDGE
DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS
BAIL BOND - $2,500.00 UNSECURED BAIL BOND FILED ON 11105/2010
Bail Amt: $2,500
Date Bailed: 11/0312010
BAIL BOND - UNSECURED BAIL BOND TRANSFERRED ON 0110712011
Date Bailed: 11/03/2010
Charge(s): 1,2
SUPPLEMENTAL FILING - COMPLAINT FILED ON 12/1312010
Party(s): DARYL A BROWN
ATTORNEY - APPOINTED ORDERED ON 12/2112010
Attorney: JAMES HEWES
Charge(s): 1,2
PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 12/21/2010
NOTE - OTHER CASE NOTE ENTERED ON 12121/2010
HEARING: 3-15-11
Charge(s): 1,2
Page 1 of 4 Printed on: 06/0612011
DARYL A BROWN
CUMCD-CR-2011-00187
DOCKET RECORD
FINDING - PERMANENT TRANSFER TRANSFERRED ON 01/0712011
CAROLYN HELWIG, ASSOCIATE CLERK
CUMCD
01/11/2011 Charge(s): 1,2
TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 01/10/2011
TERESA SAWYER-BLACK , ASSISTANT CLERK
BRIDC CR-IO-81O
01/1112011 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 03/1512011 @ 9:30 in Room No.7
01/11/2011 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 03/0412011
01/11/2011 Charge(s): 1,2
TRIAL - JURY TRIAL SCHEDULED FOR 04125/2011 @ 8:30 in Room No. II
NOTICE TO PARTIES/COUNSEL
01/1212011 Party(s): DARYL A BROWN
AlTORNEY - RETAINED ENTERED ON 01/1112011
Attorney: JAMES BOULOS
01/1412011 Charge(s): 1,2
MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 01/14/2011
Attorney: JAMES HEWES
01/20120 II Charge(s): 1,2
MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 01/1812011
JEFF MOSKOWITZ, JUDGE
COPY TO PARTIES/COUNSEL
0112012011 Party(s): DARYL A BROWN
AlTORNEY - WITHDRAWN ORDERED ON 0111812011
Attorney: JAMES HEWES
03/15/2011 HEARING - DISPOSITIONAL CONFERENCE HELD ON 03/1512011
JOYCE A WHEELER, JUSTICE
Attorney: JAMES BOULOS
DA: ANGELA CANNON
MOTIONS FILED HEARING SET 3124/11
03/1512011 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 03/1512011
03/15/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 0312412011 @ 1:00 in Room No.8
NOTICE TO PARTIES/COUNSEL X2
03/1512011 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 0311512011
03/1512011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 0312412011 @ 1:00 in Room No.8
NOTICE TO PARTIES/COUNSEL
0312512011 HEARING - MOTION FOR DISCOVERY CONTINUED ON 0312412011
PAUL E EGGERT, JUDGE
0312512011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 04/0712011 @ I:00 in Room No.8
NOTICE TO PARTIES/COUNSEL
0312512011 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 0312412011
Page 2 of 4 Printed on: 06/06/2011
DARYL A BROWN
CUMCD-CR-2011-00187
t •
DOCKET RECORD
0312512011 HEARING - MOTION TO SUPPRESS CONTINUED ON 03/24/2011
PAULEEGGERT ,JUDGE
03125/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 04/07/2011 @ I:00 in Room No.8
NOTICE TO PARTIES/COUNSEL
03/25/20 II HEARING - MOTION TO SUPPRESS NOTICE SENT ON 03/25/2011
03125/2011 MOTION - MOTION FOR SANCTIONS FILED BY DEFENDANT ON 03/2412011
Attorney: JAMES BOULOS
03/25/2011 MOTION - MOTION FOR SANCTIONS DENIED ON 0312412011
PAUL E EGGERT, JUDGE
DENIED PARTIALLY
03/25/2011 MOTION - MOTION FOR SANCTIONS GRANTED ON 0312412011
PAUL E EGGERT, JUDGE
SANCTION IS THAT STATE NEEDS TO PROVIDE DISCOVERY OF RADIO TRANSCRIPT BY 411111 AND HEARING IS
CONTINUED 41711 I AT IPM.
04/0712011 MOTION - MOTION TO CONTINUE FILED BY STATE ON 04/0712011
SLV
04/0712011 MOTION - MOTION TO CONTINUE GRANTED ON 04/071201 J
THOMAS D WARREN ,JUSTICE
COPIES TO PARTIES/COUNSEL SLV TAPE 2708
04/1112011 HEARING - MOTION TO SUPPRESS CONTINUED ON 04/07/2011
THOMAS D WARREN ,JUSTICE
04111/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 05/0512011 @ I:00 in Room No.8
NOTICE TO PARTIES/COUNSEL
04111/201 [ HEARING - MOTION TO SUPPRESS NOTICE SENT ON 0411012011
04/l1/2011 HEARING - MOTION FOR DISCOVERY CONTINUED ON 04/0712011
THOMAS D WARREN, JUSTICE
04/11/2011 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 05/05/2011 @ I :00 in Room No.8
NOTICE TO PARTIES/COUNSEL
0411112011 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 0411012011
0411112011 Charge(s): 1,2
TRIAL - JURY TRIAL CONTINUED ON 04/07/2011
THOMAS D WARREN, JUSTICE
04/l112011 TRIAL - JURY TRIAL SCHEDULED FOR 05/16/2011 @ 8:30 in Room No. II
NOTICE TO PARTIES/COUNSEL
05105/201 [ MOTION - MOTION FOR DISCOVERY GRANTED ON 05/0512011
COpy TO PARTIES/COUNSEL BY AGREEMENT
05/05/2011 HEARING - MOTION FOR DISCOVERY NOT HELD ON 05/05/2011
05/05/2011 HEARING - MOTION TO SUPPRESS HELD ON 05/05/2011
NANCY MILLS, JUSTICE
DA: ANGELA CANNON
Page 3 of 4 Printed on: 06/06/2011
DARYL A BROWN
CUMCD-CR-2011-00187
DOCKET RECORD
Defendant Present in Court
TP 2783 INDEX 2523-3300
05/0512011 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 05/05/2011
NANCY MILLS, JUSTICE
05/0512011 CASE STATUS - CASE FILE LOCATION ON 05/0512011
TRICIA KELLEY, ASSISTANT CLERK-E
ALE WITH J. MILLS - MOTION UNDER ADVISEMENT
0511012011 TRIAL JURY TRIAL NOT HELD ON 05/1012011
0511012011 Charge(s): 1,2
TRIAL JURY TRIAL SCHEDULED FOR OS/23/201 I @ 8:30 in Room No. II
NOTICE TO PARTIES/COUNSEL
0511 012011 Charge(s): 1,2
TRIAL JURY TRIAL NOTICE SENT ON 05110/2011
JH ,
06/061201 I ORDER COURT ORDER FILED ON 06/0612011
NANCY MILLS, JUSTICE
THE MOTION TO SUPPRESS IS DENIED
06/0612011 MOTION - MOTION TO SUPPRESS DENIED ON 06/06/201 I
NANCY MILLS, JUSTICE
COpy TO PARTIES/COUNSEL
A TRUE COPY
ATIEST: _
Clerk
Page 4 of 4 Printed on: 06/06/20 II