Opinion
DOCKET NO. CR-13-6695
03-12-2014
STATE OF MAINE v. IAN C. CHAPMAN, Defendant
STATE OF MAINE CUMBERLAND, ss. UNIFIED CRIMINAL DOCKET
ORDER ON MOTION TO SUPPRESS
The Court has carefully considered the Defendant's Motion to Suppress.
The Court concludes that Sgt. Gardner presented credibly. Based upon the speed of Mr. Chapman's vehicle and the length of pursuit, it was objectively reasonable to execute the type of safety stop described in Donatelli.
While the Court concludes the actions of Sgt. Gardner were objectively reasonable, this is not to imply that Mr. Chapman's comment he was unaware he was being pulled over for a period in time was untrue. A review of the DVD indicates this was a situation whereupon differing perspectives of the events could have occurred.
It is also important to note that once the reason for the safety stop had been investigated and it was clear Mr. Chapman was not an imminent threat, the level of intrusion de-escalated to that associated with an ordinary traffic stop. It was at this point that any interrogation related to the offense for which Mr. Chapman was ultimately charged occurred. Given this was at a stage consistent with an ordinary traffic stop and Mr. Gardner was told he was not under arrest, the Court concludes he was not in custody for Miranda purposes.
Because of this ruling, the Court does not examine the issues of which portions of the interactions between Mr. Chapman and Sgt. Gardner constituted interrogation for Miranda purposes.
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Accordingly, the Motion to Suppress is denied.
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John H. O'Neil, Jr.
Justice, Superior Court
STATE OF MAINE
VS IAN C CHAPMAN 210 FOREST STEEET APT 3 WESTBROOK ME 04092
DOCKET RECORD
DOB: 11/29/1982
Attorney: TIMOTHY ZERILLO
ZERILLO LAW OFFICES
103 EXCHANGE STREET
PO BOX 17721
PORTLAND ME 04112
RETAINED 10/08/2013
State's Attorney. STEPHANIE ANDERSON
Charge(s)
1 OPERATING UNDER THE INFLUENCE 09/26/2013 WESTBROOK
Seq 11493 29-A 2411 (1-A) (A) Class D
GARDNER / WES
Docket Events:
09/27/2013 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 09/27/2013 09/27/2013 Charge(s): 1
HEARING - ARRAIGNMENT SCHEDULED FOR 11/19/2013 at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL
09/27/2013 BAIL BOND - $2,500.00 UNSECURED BAIL BOND FILED ON 09/27/2013
Bail Amt: $2,500.
Date Bailed: 09/26/2013
837
10/08/2013 Party(s): IAN C CHAPMAN
ATTORNEY - RETAINED ENTERED ON 10/08/2013
Attorney: TIMOTHY ZERILLO
10/09/2013 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 10/08/2013
10/09/2013 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 10/17/2013 at 01:00 p.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL
10/09/2013 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 10/09/2013
10/17/2013 HEARING - MOTION TO AMEND BAIL HELD ON 10/17/2013
WILLIAM BRODRICK , JUSTICE
Attorney: TIMOTHY ZERILLO
DA: WILLIAM BARRY
Defendant Present in Court
TAPE 5474
10/17/2013 MOTION - MOTION TO AMEND BAIL GRANTED ON 10/17/2013
WILLIAM BRODRICK, JUSTICE
COPY TO PARTIES/COUNSEL
AGREEMENT
10/17/2013 BAIL BOND - UNSECURED BAIL BOND AMENDED ON 10/17/2013
WILLIAM BRODRICK , JUSTICE
MODIFIED TO ALLOW THE USE*OF ALCOHOLIC BEVERAGE BUT NOT TO USE TO EXCESS. SUBJECT TO
SEARCH UPON REASONABLE ARTICULABLE SUSPICION.
Date Bailed: 09/26/2013
837
11/07/2013 Charge(s): 1
SUPPLEMENTAL FILING - COMPLAINT FILED ON 11/06/2013
11/21/2013 Charge(s): 1
HEARING - ARRAIGNMENT WAIVED ON 11/19/2013 at 08:30 a.m. in Room No. 1
11/21/2013 Charge(s): 1
PLEA - NOT GUILTY ENTERED BY COUNSEL ON 11/19/2013 at 08:30 a.m. in Room No. 1
11/21/2013 Charge(s): 1
HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 02/06/2014 at 01:00 p.m. in Room No. 7
11/21/2013 Charge(s): 1
TRIAL - JURY TRIAL SCHEDULED FOR 03/10/2014 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL
01/23/2014 Charge(s): 1
HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 01/23/2014
DEBBIE COOK, ASSISTANT CLERK
02/05/2014 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 02/04/2014
02/06/2014 MOTION - MOTION TO CONTINUE GRANTED ON 02/05/2014
PAUL E EGGERT, JUDGE
COPY TO PARTIES/COUNSEL
02/06/2014 Charge(s): 1
HEARING - DISPOSITIONAL CONFERENCE CONTINUED ON 02/05/2014
PAUL E EGGERT, JUDGE
02/06/2014 Charge(s): 1
HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 02/20/2014 at 10:00 a.m. in Room No. 7
02/21/2014 Charge(s): 1
HEARING - DISPOSITIONAL CONFERENCE NOT HELD ON 02/20/2014
ROLAND A COLE, JUSTICE
Attorney: TIMOTHY ZERILLO
DA: JULIA SHERIDAN
OFFER OPEN FOR 24HOURS. ATTY. TO FILE A MOTION TO SUPPRESS. HEARING SET 2-25-14 @ 1:00
P.M. PARTIES NOTIFIED.
TAPE 5775
02/21/2014 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 02/20/2014
02/21/2014 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 02/25/2014 at 01:00 p.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL
02/26/2014 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 02/25/2014
JOHN H ONEIL JR, JUDGE
02/26/2014 HEARING - MOTION TO SUPPRESS HELD ON 02/25/2014
JOHN H ONEIL JR, JUDGE
Attorney: TIMOTHY ZERILLO
DA: JULIA SHERIDAN
TAPE 5766
02/28/2014 CASE STATUS - CASE FILE LOCATION ON 02/28/2014
DANIELLE MERRILL , ASSISTANT CLERK
FILE IS WITH JUSTICE ONEIL REGARDING MOTION TO SUPPRESS
03/13/2014 CASE STATUS - CASE FILE RETURNED ON 03/13/2014
DANIELLE MERRILL , ASSISTANT CLERK
03/13/2014 Charge(s): 1
TRIAL - JURY TRIAL NOT HELD ON 03/13/2014
03/13/2014 MOTION - MOTION TO SUPPRESS DENIED ON 03/12/2014
JOHN H ONEIL JR, JUDGE
COPY TO PARTIES/COUNSEL
A TRUE COPY
ATTEST: __________
Clerk