Opinion
Docket No. CUMcr-11-5955
04-11-2012
State of Maine v. TYLER TRUE
ADA Matthew Tice Neil Weinstein, Esq.
ORDER ON MOTION
The State was represented by: ADA Matthew Tice
The Defendant was represented by; Neil Weinstein, Esq.
The court has carefully considered the following motions:
[] 1. The Defendant's Motion to Suppress which was heard on April 10, 2012.
[] 2. The court concludes :
The initial turn over the line along with weaving within the lane observed over four miles coupled with the entry into the wrong lane at the rotary constituted adequate reasonable articulable suspicion of criminality to justify the stop. See e.g. State v. Burnham 610 A.2d 733 (Me. 1992) (weaving within center line and breakdown lane factor justifying stop).
The court also concludes Officer Swann to be credible in his testimony regarding this event and his observations of Mr. True after the stop constituted probable cause for B AC testing and subsequent arrest.
Contrary to the claims made at hearing, requiring a person to submit to roadside field sobriety testing does not rise to the functional level of arrest and is therefore not considered custody for either Miranda purposes or requiring probable cause to conduct field sobriety testing. See e.g. State v. Little 468 A.2d 615 (Me. 1983), State v. Griffin 459 A.2d 1086 (Me. 1983).
[] 3. THEREFORE, it is hereby ORDERED as follows:
Motion to Suppress is denied.
The Clerk is directed to incorporate this order by reference on the docket.
________________
Justice Maine Superior Court
STATE OF MAINE
vs
TYLER D TRUE
2659 WESTSIDE RD
NORTH CONWAY NH 03860
DOB: 09/10/1982
Attorney: NEAL WEINSTEIN
LAW OFFICES NEAL WEINSTEIN
32 SACO AVENUE
PO BOX 660
OLD ORCHARD BEACH ME 04064-0660
RETAINED 09/01/2011
Charge(s)
1 OPERATING UNDER THE INFLUENCE
Seq 11493
29-A 2411(1-A)(A)
Class D
SWANN
/ USM
08/28/201
GORHAM
Docket Events:
09/12/2011 FILING DOCUMENT - CASH BAIL BOND FILED ON 09/02/2011
Docket No CUMCD-CR-201 1 -05955
DOCKET RECORD
State's Attorney: STEPHANIE ANDERSON
09/12/2011 Charge(s): 1
HEARING - ARRAIGNMENT SCHEDULED FOR 10/11/2011 at 08:30 a.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL
09/12/2011 BAIL BOND - $350.00 CASH BAIL BOND FILED ON 09/02/2011
Bail Receipt Type: CR
Bail Amt: $350
Receipt Type: CK
Date Bailed: 08/28/2011 Prvdr Name: BRIAN TRUE
Rtrn Name: BRIAN TRUE
11/19/54 682
09/26/2011 Party(s): TYLER D TRUE
ATTORNEY - RETAINED ENTERED ON 09/01/2011
Attorney: NEAL WEINSTEIN
09/27/2011 Charge(s): 1
SUPPLEMENTAL FILING - COMPLAINT FILED ON 09/27/2011
JAMES TURCOTTE , ASSISTANT CLERK
10/11/2011 Charge(s): 1
HEARING - ARRAIGNMENT WAIVED ON 10/11/2011 at 08:30 a.m. in Room No. 1
10/11/2011 Charge(s): 1
PLEA - NOT GUILTY ENTERED BY COUNSEL ON 10/11/2011 at 08:30 a.m. in Room No. 1
10/11/2011 Charge(s): 1
HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 12/08/2011 at 01:00 p.m. in Room No. 7
10/11/2011 Charge(s): 1
TRIAL - JURY TRIAL SCHEDULED FOR 01/23/2012 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL
11 /08/2011 NOTE - OTHER CASE NOTE ENTERED ON 11/07/2011
LETTER RECEIVED FROM DEF ATTORNEY REQUESTING PM CONF TIME.
11/28/2011 Charge(s): 1
HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 11/28/2011
12/08/2011 Charge(s): 1
HEARING - DISPOSITIONAL CONFERENCE HELD ON 12/08/2011
PAUL E EGGERT .JUDGE
Attorney: NEAL WEINSTEIN
DA: MATTHEW TICE
HELD
12/08/2011 Charge(s): 1
MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 12/08/2011
12/08/2011 Charge(s): 1
HEARING - MOTION TO SUPPRESS SCHEDULED FOR 12/13/2011 at 01:00 p.m. in Room No. 8
NOTICE TO PARTIES/COUNSEL
12/08/2011 Charge(s): 1
HEARING - MOTION TO SUPPRESS NOTICE SENT ON 12/08/2011
12/12/2011 Chargc(s): 1
MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 12/12/2011
12/13/2011 Charge(s): 1
MOTION - MOTION TO CONTINUE GRANTED ON 12/13/2011
MARY KELLY , JUDGE
COPY TO PARTIES/COUNSEL
12/13/2011 Charge(s): 1
HEARING - MOTION TO SUPPRESS CONTINUED ON 12/13/2011
MARY KELLY .JUDGE
12/13/2011 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 01/10/2012 at 01:00 p.m. in Room No. 1
NOTICE TO PARTIES/COUNSEL
12 / 13/2011 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 12/13/2011
01/11/2012 HEARING - MOTION TO SUPPRESS CONTINUED ON 01/10/2012
ROLAND A COLE , JUSTICE
01/11/2012 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 01/03/2012
Attorney: NEAL WEINSTEIN
01/11/2012 MOTION - MOTION TO CONTINUE GRANTED ON 01/10/2012
ROLAND A COLE , JUSTICE
COPY TO PARTIES/COUNSEL
01/11/2012 Charge(s): 1
TRIAL - JURY TRIAL NOT HELD ON 01/10/2012
01/11/2012 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 04/10/2012 at 01.00 p.m.
NOTICE TO PARTIES/COUNSEL
01/11/2012 Charge(s): 1
TRIAL - JURY TRIAL SCHEDULED FOR 04/23/2012 at 08:30 a.m. in Room No. 11
NOTICE TO PARTIES/COUNSEL
04/11/2012 HEARING - MOTION TO SUPPRESS HELD ON 04/10/2012
JOHN H ONEIL JR, JUDGE
Attorney: NEAL WEINSTEIN
DA: MATTHEW TICE
TAPE 3771 & 3788
AFTER HEARING
MOTION TO SUPPRESS IS UNDER ADVISEMENT
04/11/2012 Charge(s): 1
MOTION - MOTION TO SUPPRESS DENIED ON 04/10/2012
JOHN H ONEIL JR, JUDGE
COPY TO PARTIES/COUNSEL
A TRUE COPY
ATTEST: _
Clerk
SUPERIOR COURT
CUMBERLAND, ss.
Docket No.PORSC-CR-2007-02695
WARRANT OF ARREST
List of charges:
CHARGE #001 SEQ: 9878 OPERATING UNDER THE INFLUENCE DOV: 07/14/2007
Location: PORTLAND
Class D, Title 29-A M.R.S A. §2411(1-A)(A)
Dept: POR Officer Name : JESSICA L GOOGINS
CHARGE #002 SEQ: 9867 OPERATE VEHICLE WITHOUT LICENSE DOV: 07/14/2007
Location: PORTLAND
Class E, Title 29-A M.R.S A. §1251(1)(A)
Dept: POR Officer Name : JESSICA L GOOGINS
CHARGE #003 SEQ: 4845 FAILING TO GIVE MOTOR VEHICLE ACCIDENT INFORMATION DOV: 07/14/2007
Location: PORTLAND
Class E, Title 29-A M.R.S A. §2255(2)
Dept: POR Officer Name : JESSICA L GOOGINS
CHARGE #004 SEQ: 4845 FAILING TO GIVE MOTOR VEHICLE ACCIDENT INFORMATION DOV: 07/14/2007
Location: PORTLAND
Class E, Title 29-A M.R.S A. §2255(2)
Dept: POR Officer Name : JESSICA L GOOGINS
CHARGE #005 SEQ: 684 THEFT BY UNAUTHORIZED USE OF PROPERTY DOV: 07/14/2007
Location: PORTLAND
Class D, Title 17-AM.R.SA. §360(1)(A)
Dept: POR Officer Name : JESSICA L GOOGINS