State of Maine v. Matthew T. Collier
2013 ME 44
| Me. | 2013Background
- Trooper followed Collier’s vehicle into a Bangor business park after observing it pull in around 1 a.m. on Oct. 1, 2011.
- Collier parked; the trooper turned around and approached Collier, then stopped near Collier’s vehicle.
- The trooper spoke to Collier from about ten feet away through the cruiser window, asking, “What’s going on?”
- Collier claimed he thought a headlight was out; the trooper did not find headlight problems but detected an odor of alcohol.
- Collier admitted leaving a bar and needing to switch drivers due to drinking; the trooper conducted field sobriety tests and arrested him for operating under the influence.
- Collier moved to suppress all evidence from the stop for lack of reasonable articulable suspicion; the trial court granted the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop amounted to a seizure requiring reasonable suspicion | State contends a seizure occurred. | Collier contends there was no seizure. | No seizure occurred; suppression vacated. |
| Whether following into the parking lot created a seizure | State argues implicit stop by following into park. | Collier argues no seizure from mere following. | No seizure from following into the parking area. |
| Whether the encounter after Collier stopped supported a seizure | State relies on officer presence and approach. | Collier asserts no coercive conduct. | No seizure based on post-stop interaction; suppression vacated on this basis as well. |
Key Cases Cited
- United States v. Mendenhall, 446 U.S. 544 (U.S. Supreme Court, 1980) (no seizure if no force or authority indicating compulsion to stay)
- Gulick v. State, 2000 ME 170 (Me. 2000) (consensual encounter not a seizure unless compelled to stay or answer questions)
- State v. Preble, 430 A.2d 553 (Me. 1981) (factors for seizure analysis; use of force/show of authority)
- State v. Cilley, 1998 ME 34 (Me. 1998) (non-seizure when officers pull over with no coercion)
- State v. Moulton, 1997 ME 228 (Me. 1997) (illustrates when encounter does not become seizure)
- State v. Whitney, 2012 ME 105 (Me. 2012) (establishes requirement of reasonable articulable suspicion to stop)
- Langston, United States v. Langston, 970 F.2d 692 (10th Cir. 1992) (being followed does not create seizure absent other signals)