# State v. Patten

> Supreme Judicial Court of Maine · March 8, 1983 · 457 A.2d 806

URL: https://www.frixlaw.com/law-library/cases/9700638

## Case

- **Full name:** STATE of Maine v. Michael A. PATTEN
- **Court:** Supreme Judicial Court of Maine
- **Decided:** March 8, 1983
- **Citations:** 457 A.2d 806; 1983 Me. LEXIS 633
- **Precedential status:** Published
- **Opinion:** Dissent by Nichols
- **Judges:** McKusick, Godfrey, Nichols, Roberts, Carter, Wathen
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9700638

## Opinion text

NICHOLS, Justice,
dissenting.
I cannot join today’s majority.
All we have before us is an Agreed Statement of Facts upon which the parties chose to pursue this appeal. We examine that sparse statement in vain for any showing of “at least some countervailing factors” which might make this occasion truly an exigency. Niro v. United States, 388 F.2d 535, 539 (1st Cir.1968). The burden is on those seeking an exception from the warrant requirement to show the need for the exception. United States v. Jeffers, 342 U.S. 48, 51 , 72 S.Ct. 93, 95 , 96 L.Ed. 59 (1951). The State has not met that burden here.
Therefore, I would affirm the order of suppression.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9700638. Public record. Not legal advice.