Opinion

State v. Hassett

Court
Superior Court of Maine
Filed
Aug 23, 2016
Status
Unpublished
On the bench
Jed J. French
Cited by
0 cases
Authority
More cited than 34.2%

"The proper scope of a search incident to arrest extends to the area within the suspect' s immediate physical control, the area from which he or she might gain possession of a weapon or disposable evidence"

How later courts described this case

  • "The proper scope of a search incident to arrest extends to the area within the suspect' s immediate physical control, the area from which he or she might gain possession of a weapon or disposable evidence"
  • "a search substantially contemporaneous with arrest may precede the arrest if the police have probable cause to arrest at the outset of the search"
  • "stating that 'neither handcuffing nor other restraints will automatically convert a Terry stop into a de facto arrest.'"
  • noting that in certain circumstances physical restraint "may be perfectly consistent with an investigatory stop"

Written by the judges who cited it.

The opinion

STATE OF MAINE UNFIED CRIMINAL COURT

CUMBERLAND, SS. PORTLAND

Docket No. CDCR-16-287

STATE )

)

)

V. ) ORDER ON MOTION TO SUPPRESS

)

)

REBECCA HASSETT )

)

Defendant )

Pending before the court is Defendant's motion to suppress evidence found in her pocket

as well as incriminating statements Defendant made before being apprised of her Miranda rights.

Defendant's motion was filed on June 21, 2016 and the court heard oral argument and testimony

on August 11, 2016. Assistant Attorney General LeaAnne Sutton appeared and argued on behalf

of the State, and Attorney Charlene Hoffman appeared and argued on behalf of Defendant. As

agreed by the parties, the court viewed a recording of the police encounter with Defendant in

chambers after the conclusion of the hearing. Having considered the evidence and argument in

light of Maine law, the court finds and concludes as follows:

While on patrol on January 13, 2016, Officer Sean Hurley of the Portland Police

Department came upon a car stopped at the intersection of Elm Street and Cumberland A venue

in Portland. The car was stopped in the left lane with its hazards on and its hood up. As Officer

Hurley approached, he observed that the license plate matched that of a vehicle implicated in a

recent stabbing. Officer Hurley observed a woman standing outside the vehicle behind its opened

hood and a male exiting the passenger side. The woman identified herself as Rebecca Hassett,

which Officer Hurley recognized as the registered owner's name associated with the license plate

alert. When Officer Hurley began a pat-down of Defendant, she tried to pull away, at which

point Officer Hurley handcuffed her. Asked whether she had any needles on her, she answered

that she did, in the front pocket, which she clarified by explaining that "it's in the big one, no,

actually it's in this one right here, there might be two." When Defendant complained about being

cold, Officer Hurley brought her to the sidewalk and responded "of course" when she asked him

whether she could sit. Shortly thereafter Defendant, while off camera, is heard to exclaim "aw,

don't, come on, man, don't" and Officer Hurley is heard to remark that he just found five

packets. He asks, "heroin?" and Defendant responds "yup. Does this mean I'm going to jail

now?" At the suppression hearing, Officer Hurley testified he had taken Defendant to a heated

entryway, that she kept trying to move around, and that she appeared to be "trying to get to her

pocket," at which point he spotted and seized folding papers in a baggie with a brown substance

which field tests showed to be heroin.

Defendant seeks suppression of the heroin seized from her pocket on the ground that her

detention amounted to a de facto arrest for which there was no probable cause. Her motion,

moreover, seeks suppression of all statements made to Officer Hurley on the ground that they

were elicited during a custodial interrogation in the absence of the requisite Miranda warnings.

The First Circuit has noted that "there is no scientifically precise formula that enables

courts to distinguish between valid investigatory stops and de facto arrests." United States v.

Owens, 167 F.3d 739, 749 (1st Cir. 1999). Courts making this inquiry should examine "whether

the police diligently pursued a means of investigation that was likely to confirm or dispel their

suspicions quickly, during which time it was necessary to detain the defendant. A court making

this assessment should take care to consider whether the police are acting in a swiftly developing

situation, and in such cases the court should not indulge in unrealistic second-guessing." Id.

(quoting United States v. Sharpe, 470 U.S. 675 (1985)).

The court finds that Officer Hurley's detention of Defendant was appropriate under the

circumstances. Officer Hurley had been advised that a car registered to a Rebecca Hassett with

Maine license plate 8224TM was implicated in a stabbing. The license plate was a match, and

the driver identified herself as "Rebecca Hassett." Given Defendant's conduct in pulling away,

coupled with Officer Hurley's reasonable concern that she might be armed, Officer Hurley's act

of handcuffing Defendant did not transform Defendant's detention into a de facto arrest. See,

e.g., State v. Langlois, 2005 ME 3, 1 10 (concluding that Defendant "was subjected to an

investigatory detention, not an arrest, when Officer Tall ordered him at gunpoint to lie down");

Morelli v. Webster, 552 F.3d 12, 20 (1st Cir. 2009) (noting that in certain circumstances physical

restraint "may be perfectly consistent with an investigatory stop") (citing United States v.

Kapperman, 764 F.2d 786, 790 n. 4 (11th Cir. 1985) ("stating that 'neither handcuffing nor other

restraints will automatically convert a Terry stop into a de facto arrest.'")). As in Langlois,

Officer Hurley's actions here "were 'justified at their inception and reasonably related in scope

2

to the circumstances which justified the interference in the first place."' Id. (internal citations

omitted).

The court finds, moreover, that even assummg arguendo that the detention should

properly be characterized as a de facto arrest by virtue of Defendant's handcuffing, Officer

Hurley had probable cause to suspect that Defendant was involved in criminal activity such that

no Fourth Amendment violation occurred. See, e.g., State v. Flint, 2011 ME 20, ~ 12 ("The

probable cause standard is flexible and based on common sense. Although requiring more than

mere suspicion, probable cause can be satisfied on less than the quantum of proof necessary to

establish a fact by a fair preponderance of the evidence.").

Suppression of the heroin is not warranted in any event, since pursuant to the plain view

exception "objects falling in the plain view of an officer who has a right to be in a position to

have that view are subject to seizure and may be introduced in evidence." State v. Chattley, 390

A.2d 472, 476 (Me. 1978) (citations omitted). Officer Hurley testified that he seized the baggie

after spotting it in plain view. Defendant did not refute Officer Hurley's testimony on that point,

testifying simply that she "doesn't know whether he noticed the baggie or not," and that she

"thought he pulled it out of my pocket." Moreover, to the extent Defendant's detention may be

characterized as a de facto arrest, seizure of the baggie from Defendant's pocket was permissible

as a search incident to arrest. See, e.g., State v. Le Blanc, 347 A.2d 590, 593 (Me. 1975) ("a

search substantially contemporaneous with arrest may precede the arrest if the police have

probable cause to arrest at the outset of the search"); id. at 595 ("The proper scope of a search

incident to arrest extends to the area within the suspect' s immediate physical control, the area

from which he or she might gain possession of a weapon or disposable evidence").

Accordingly, because seizure of the heroin did not violate Defendant's constitutional

rights, Defendant's motion to suppress evidence of the heroin seized is DENIED .

-'

'

Defendant's motion further seeks suppression of statements Defendant made prior to the

administration of Miranda warnings. The question of whether Defendant's Miranda rights were

violated turns on whether the statements sought to be suppressed 1 were elicited while Defendant

was subject to "interrogation" while "in custody." It is well-established that "[a] suspect who is

not formally arrested is subjected to a custodial interrogation if the suspect's freedom of

1

Defendant's motion does not identify any particular statements she seeks to have suppressed,

but rather asks that "any and all statements made by her to the police" be excluded from trial.

3

movement has been restrained 'to the degree associated with a formal arrest." See, e.g., State v.

Lockhart, 2003 ME 108, ~ 17 (citation omitted). Whether an individual is "in custody" depends

on "whether a reasonable person, standing in the defendant's shoes, would have felt he or she

was not at liberty to terminate the interrogation and leave." State v. Hassan, 2007 ME 77, ~ 14.

The court finds that a reasonable person, standing in Defendant's shoes, would not have felt free

to leave. Defendant was physically restrained by virtue of the handcuffs, and her request to enter

a building for warmth was denied. While some of Officer Hurley's questions were encompassed

within the administrative and public safety exceptions to Miranda, see, e.g., Lockhart, 2003 ME

108, ~ 18, his question as to whether the baggie contained heroin was "designed to elicit an

incriminating response" such that it constitutes "interrogation" for purposes of Miranda. See,

e.g., Hassan, 2007 ME 77, ~ 13 (citing Rhode Islandv. Innis, 446 U.S. 291 (1980)).

Accordingly, it is hereby ORDERED that Defendant's Motion to Suppress is hereby

DENIED such that the evidence of heroin seized from Defendant may be admitted at trial.

Defendant's Motion to Suppress is GRANTED such that Defendant's affirmative response to

Officer Hurley's question asking whether the baggie contained heroin is hereby suppressed, and

is DENIED in all other respects.

4

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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