The opinion
£NT ERf D NOV 0 4 2014
STATE OF MAINE SUPERIOR COURT
KENNEBEC, SS. Criminal Matter
Docket No. CR-2014-524
/'EN -ter3., 073-13-Jtf
STATE OF MAINE )
)
)
)
v. ) ORDER ON MOTION TO SUPPRESS
)
)
CHRISTOPHER D. BROWN, )
Defendant. )
A hearing was held on the Defendant's Motion to Suppress on August 6, 2014.
At the conclusion of the hearing, the Defendant conceded that the stop of his vehicle
and his subsequent investigatory detention were lawful because the stop and detention
were based on reasonable articulable suspicion. The Defendant also conceded that
there existed probable cause for his arrest for operating under the influence and
criminal speed. The one issue left for determination by the court was whether the
questioning of the Defendant concerning his level of intoxication and driving that day
constituted custodial interrogation.
In State vs. Griffin, 459 A.2d 1086, 1089, the Law Court held that it is within the
reasonable scope of an investigatory stop for an officer to ask the suspect person to
come out of his car and join him in the police cruiser to answer questions and that such
police request and submission thereto are not to be equated to an arrest. In this case,
the Defendant was briefly questioned at roadside outside of any vehicle after the
conclusion of the field sobriety tests. Though the officer had probable cause to arrest
the Defendant at that time, that information had not been communicated to the
Defendant and no formal arrest had been made. The brief pre-arrest questioning did
not convert the investigatory stop into a de facto arrest and the Defendant was not
subjected to custodial interrogation. Therefore, the Defendant's Motion to Suppress is
1
DENIED .
Dated: August 13, 2014
JUSTICE, MAINE SUPERIOR COU
1
It is not currently before the court as to whether the questions asked and answers given by the
Defendant are relevant, pursuant to M.R.E. 402, or should be excluded pursuant to M.R.E. 403.
STATE OF MAINE SUPERIOR COURT
VS KENNEBEC, ss.
CHRISTOPHER D BROWN Docket No AUGSC-CR-2014-00524
1 T,.,ORD RD
W, .E ME 04284 DOCKET RECORD
DOB: 10/04/1985
Attorney: NICHOLAS WORDEN State's Attorney: MAEGHAN MALONEY
PARADIE SHERMAN & WORDEN
11 LISBON ST SUITE 202
LEWISTON ME 04240
APPOINTED 05/07/2014
Charge(s)
1 OPERATING UNDER THE INFLUENCE 03/16/2014 WAYNE
Seq 11493 29-A 2411(1-A) (A) Class D
BUCKNAM / KEN
2 MOTOR VEHICLE SPEEDING: 30+ MPH OVER SPEED 03/16/2014 WAYNE
LIMIT
Seq 1147 29-A 2074(3) Class E
Docket Events:
05/21/2014 Charge(s}: 1,2
TRANSFER - TRANSFER FOR JURY TRIAL EDI ON 05/21/2014 at 04:34 p.m.
TRANSFERRED CASE: SENDING COURT CASEID AUGDCCR201400370
FILING DOCUMENT - CASH BAIL BOND FILED ON 03/17/2014
Charge(s}: 1,2
HEARING - ARRAIGNMENT SCHEDULED FOR 05/07/2014 at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL
Charge(s}: 1,2
HEARING - ARRAIGNMENT HELD ON 05/07/2014
BETH DOBSON I JUDGE
DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS
BAIL BOND - $300.00 CASH BAIL BOND FILED ON 03/17/2014
BAIL BOND - CASH BAIL BOND DISBURSEMENT ON 05/21/2014
Charge(s}: 1,2
SUPPLEMENTAL FILING - COMPLAINT FILED ON 04/25/2014
MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 05/07/2014
MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 05/07/2014
BETH DOBSON I JUDGE
COPY TO PARTIES/COUNSEL
Charge(s}: 1,2
PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 05/07/2014
CR 200 Page 1 of 3 Printed on: 08/13/2014
CHRISTOPHER D BROWN
AUGSC-CR-2014-00524
DOCKET RECORD
TRIAL - BENCH SCHEDULED FOR 06/19/2014 at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL
TRIAL - BENCH NOT HELD ON 05/16/2014
TRIAL - BENCH NOTICE SENT ON 05/13/2014
Party(s): CHRISTOPHER D BROWN
ATTORNEY - APPOINTED ORDERED ON 05/07/2014
Attorney: NICHOLAS WORDEN
Charge(s): 1,2
TRANSFER - TRANSFER FOR JURY TRIAL GRANTED ON 05/21/2014
Charge (s) : 1,2
TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 05/16/2014
Charge (s) : 1,2
FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 05/21/2014
AUGSC
05/23/2014 Charge (s): 1,2
TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 05/23/2014
AUGDC 14-370
05/23/2014 TRIAL - DOCKET CALL SCHEDULED FOR 08/05/2014 at 03:15p.m.
0. 3/2014 BAIL BOND - $300.00 CASH BAIL BOND FILED ON 05/23/2014
Bail Receipt Type: CR
Bail Amt: $300
Receipt Type: CK
Date Bailed: 03/16/2014 Prvdr Name: DIANA BROWN
Rtrn Name: DIANE BROWN
06/02/2014 MOTION - MOTION FOR ENLARGEMENT OF TIME FILED BY DEFENDANT ON 06/02/2014
06/02/2014 MOTION - MOTION TO SUPPRESS EVIDENCE FILED BY DEFENDANT ON 06/02/2014
06/26/2014 HEARING - MOTION TO SUPPRESS EVIDENCE SCHEDULED FOR 08/05/2014 at 03:15p.m.
NOTICE TO PARTIES/COUNSEL
07/03/2014 Charge(s): 1,2
MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 07/03/2014
07/03/2014 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 08/06/2014 at 08:30 a.m.
NOTICE TO PARTIES/COUNSEL
07/03/2014 HEARING - MOTION FOR DISCOVERY NOTICE SENT ON 07/08/2014
08/05/2014 HEARING - MOTION TO SUPPRESS EVIDENCE CONTINUED ON 08/05/2014
0 ;/2014 HEARING - MOTION TO SUPPRESS EVIDENCE SCHEDULED FOR 08/06/2014 at 08:30 a.m.
CR 200 Page 2 of 3 Printed on: 08/13/2014
CHRISTOPHER D BROWN
AUGSC-CR-2014-00524
DOCKET RECORD
NOTICE TO PARTIES/COUNSEL
08/05/2014 TRIAL - DOCKET CALL HELD ON 08/05/2014
DANIEL E BILLINGS , JUSTICE
Defendant Present in Court
08/05/2014 Charge(s): 1,2
TRIAL - DOCKET CALL SCHEDULED FOR 09/03/2014 at 03:15p.m.
08/07/2014 ORDER - TRANSCRIPT ORDER FILED ON 08/06/2014
Attorney: ADAM SHERMAN
REQUEST FOR TRANSCRIPT OF MOTION TO SUPPRESS HEARING COPY OF MOTION
FOR TRANSCRIPT SENT TO DEFENSE ATTORNEY TO BE COMPLETED
08/11/2014 HEARING - MOTION TO SUPPRESS EVIDENCE CONTINUED ON 08/06/2014
08/11/2014 HEARING- MOTION TO SUPPRESS EVIDENCE SCHEDULED FOR 09/03/2014 at 03:15p.m.
NOTICE TO PARTIES/COUNSEL
08/11/2014 HEARING - MOTION FOR DISCOVERY CONTINUED ON 08/06/2014
08/11/2014 HEARING- MOTION FOR DISCOVERY SCHEDULED FOR 09/03/2014 at 03:15p.m.
NOTICE TO PARTIES/COUNSEL
08/13/2014 HEARING - MOTION TO SUPPRESS EVIDENCE NOT HELD ON 08/13/2014
08/13/2014 MOTION - MOTION TO SUPPRESS EVIDENCE DENIED ON 08/13/2014
DANIEL E BILLINGS , JUSTICE
COPY TO'PARTIES/COUNSEL
08/13/2014 ORDER - COURT ORDER FILED ON 08/13/2014
DANIEL E BILLINGS , JUSTICE
ORDER ON MOTION TO SUPPRESS
A TRUE COPY
ATTEST:
Clerk
CR 200 Page 3 of 3 Printed on: 08/13/2014