143 A.3d 114
Me.2016Background
- On May 5, 2014, a Bangor police officer went to the home of Dorweiler’s boyfriend to arrest Dorweiler on an outstanding warrant; Dorweiler appeared in the doorway and acknowledged the officer and the warrant.
- The officer told Dorweiler she was under arrest and asked if she wanted to take anything to jail; she said she wanted to put on a bra.
- The officer and Dorweiler walked toward the bedroom door; Dorweiler entered the bedroom and closed the door.
- After a period of silence the officer opened the bedroom door and discovered the window open and Dorweiler gone; she later fled to Madawaska.
- Dorweiler was charged with escape from arrest (17-A M.R.S. § 755(1-D)(A)), tried by bench trial, found guilty, sentenced to 14 days, and appealed, arguing insufficient evidence that she was arrested before fleeing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dorweiler was "arrested" before fleeing for purposes of escape statute | State: officer intended, communicated, and Dorweiler understood arrest; her request to put on clothing showed submission (constructive seizure) | Dorweiler: no physical seizure; she did not submit and instead manipulated the officer to escape; at most refusal to submit to arrest | Court: Affirmed conviction — first three arrest elements met and constructive seizure proven by Dorweiler’s acquiescence |
Key Cases Cited
- State v. Donahue, 420 A.2d 936 (Me. 1980) (sets four-element test for a valid arrest)
- State v. Powers, 386 A.2d 721 (Me. 1978) (defines constructive seizure as submission following officer’s communication)
- State v. Cote, 118 A.3d 805 (Me. 2015) (standard for viewing evidence in light most favorable to the State)
- State v. Saucier, 126 A.3d 1159 (Me. 2015) (standard for sufficiency-of-the-evidence review)