150 A.3d 810
Me.2016Background
- At ~1:00 a.m. an officer observed a car pull into a closed drug‑store parking lot, park, and turn off its lights; the officer returned to investigate.
- The officer circled the building, saw nothing unusual behind it, then shone a spotlight on the parked car and observed Gerry reclined in the driver’s seat.
- The officer asked Gerry if he was all right and what he was doing; the officer smelled alcohol on Gerry during that brief contact.
- The officer subsequently investigated Gerry for operating under the influence; Gerry was charged under 29‑A M.R.S. § 2411 and moved to suppress evidence arguing the stop was an unlawful seizure.
- The trial court denied the motion to suppress, finding reasonable, articulable suspicion based on the car’s presence and manner of parking at night; Gerry entered a conditional guilty plea and appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gerry) | Held |
|---|---|---|---|
| Whether the officer’s encounter constituted a permissible seizure supported by reasonable, articulable suspicion | Officer had reasonable suspicion of burglary or other wrongdoing from a vehicle parked at a closed business at 1 a.m., justifying brief detention and inquiry | Any suspicion of burglary evaporated once no burglary was found; continued detention was an unreasonable seizure | Court held brief detention was supported by reasonable, articulable suspicion; subsequent discovery of alcohol was lawful and justified further investigation |
Key Cases Cited
- State v. Gulick, 759 A.2d 1085 (Me. 2000) (officer may investigate vehicle at closed facility at night to check for medical emergency or wrongdoing)
- State v. Hill, 606 A.2d 793 (Me. 1992) (minimal further inquiries incident to an investigative stop need not be supported by new suspicion if initial stop was justified)
- Rodriguez v. United States, 135 S. Ct. 1609 (2015) (a stop may become unlawful if prolonged beyond the time reasonably required to complete its mission)
- Terry v. Ohio, 392 U.S. 1 (1968) (officer may conduct brief investigatory stop on specific and articulable facts)
- State v. Dulac, 600 A.2d 1121 (Me. 1992) (articulable suspicion standard for investigatory detentions)