Opinion
CR-19-007
07-14-2023
STATE OF MAINE v. Michael Cates, Defendant.
Nicole A. Milam (Bar #6369) Attorney for Defendant
Nicole A. Milam (Bar #6369) Attorney for Defendant
ORDER ON MOTION TO SUPPRESS
On June 6, 2023 a hearing was conducted on the Defendant's Motion to Suppress. Both parties were represented and Mr. Cates was present The court has also had an opportunity to carefully review the well written closing memoranda submitted on both sides. At at the hearing the court heard from Special Agents Gerard Brady, Timothy Dalton, and Sean Hurley. The court concludes each of these officers testified credibly.
The primary issues presented are whether or not there was reasonable articulable suspicion to detain Mr. Cates under the doctrine set out in State v. Donatelli and whether or not probable cause existed for his arrest.
The court concludes that there was reasonable articulable suspicion and that a Donatelli felony stop was authorized when law enforcement initially engaged with Mr. Cates at the residence in Falmouth.
After the overdose death of Kevin Bigelow, SA Dalton engaged in a series of text messages with a New Hampshire cell number which was the last number in Bigelow's phone prior to his death. This series of texting with that number led to a reasonable belief that the person utilizing that New Hampshire telephone number would be driving to Bigelow's home to conduct a drug transaction.
It was significant that the terms used in the text message were consistent with those associated with a drug transaction such as the term half and the fact that the police did not inform the 603 number user with the address or the driveway to pull into in Falmouth was also significant and gave the police more than reasonable articulable suspicion that he was proceeding to that location for the purposes of conducting a drug transaction.
Law enforcement was not aware of the identity of the individual using the 603 telephone number. Frequently drug transactions are associated with the presence of weapons, including firearms, and accordingly it was appropriate for the police to conduct a felony level Donatelli stop in their initial approach to the 603 number user's vehicle.
During the process of the stop the defendant was asked whether or not he was in possession of weapons to which he responded he had a knife in his pocket. In the process of rolling over Mr. Cates from his prone position to remove the knife SA Hurley testified credibly he could see the presence of a plastic bag in the form of a Dominican tie in a jacket pocket containing a white substance.
The court therefore concludes that there was more than reasonable articulable suspicion to conduct the Donatelli stop of Mr. Cates. In a legitimate search for weapons, the police discovered the presence of the plastic bag with the white powder which in conjunction with the text messaging circumstances combined to establish probable cause for an arrest
Accordingly, the Defendant's Motion to Suppress is denied.
STATE OF MAINE CUMBERLAND
CATES NO. CUMCD-CR-19-700
DEFENDANT'S MOTION TO CORRECT SUPPRESSION BRIEF
NOW COMES the Defendant, Michael Cates, by and through his attorney, Nicole A. Milam, and submits this correction to the brief submitted in support of the suppression hearing held on June 6,2023.
1. Mr. Cates filed a motion to suppression May 25, 2022. Mr. Cates filed a supplemental motion on July 15, 2022. A Suppression Hearing was held on June 6, 2023. Mr. Cates filed a suppression brief on July 10, 2023.
2. Counsel's motion incorrectly references "Officer Baldwin." Any reference made to "Officer Baldwin" is supposed to say "Officer Dalton."
WHEREFORE, Defendant, Michael Cates, respectfully requests that this Honorable Court notate this correction in review of Mr. Cates suppression brief.