138 A.3d 491
Me.2016Background
- On October 19, 2014, Bangor police stopped a vehicle driven by David L. Violette; evidence obtained during the stop led to an OUI charge with two prior convictions (Class C).
- Violette moved to suppress evidence, arguing the traffic stop lacked reasonable, articulable suspicion.
- The suppression judge (Penobscot County) denied the motion; Violette entered a conditional guilty plea and appealed the denial.
- The officer testified he observed Violette accelerate in a manner that produced smoking tires and a squealing noise lasting three to four seconds.
- The trial court found, by a preponderance of the evidence, that the officer reasonably believed Violette had violated 29-A M.R.S. § 2079 (prohibiting unnecessary braking or accelerating that causes harsh, objectionable noise).
- The court affirmed the denial of suppression and the resulting judgment and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle stop was supported by reasonable, articulable suspicion | State: Officer had reasonable suspicion the vehicle violated § 2079 based on smoking tires and a 3–4 second squeal | Violette: Noise/acceleration did not give rise to reasonable suspicion of a statutory violation | Court: Affirmed—officer had objectively reasonable belief a § 2079 violation occurred; stop justified |
Key Cases Cited
- State v. Porter, 960 A.2d 321 (Me. 2008) (investigatory stop justified when officer has objectively reasonable, articulable suspicion under totality of circumstances)
- State v. Thurlow, 485 A.2d 960 (Me. 1984) (suppression court determines credibility and reasonable inferences from testimony)
- State v. Hill, 606 A.2d 793 (Me. 1992) (officer’s objectively reasonable belief a traffic violation occurred can justify a stop even if no violation ultimately occurred)