State v. Mariner, 162 A.3d 241

On Sept. 19, 2015 a woman reported a sexual assault occurring Sept. 15 while she worked as a prostitute; she described being picked up by a silver Toyota Corolla and the driver showing a camouflage wallet with a gold star-shaped badge inscribed “Cape Elizabeth” and “Retired.”
The victim described the driver’s appearance and recounted that he displayed a handgun, demanded sexual acts, and drove her to specific locations during the incident.
A Concord Trailways employee located surveillance video and reported a license plate for a vehicle matching the victim’s description; police tied that plate to Gary Mariner, a joint owner of a 2010 Toyota Corolla.
The affidavit attached vehicle registration and Mariner’s motor vehicle record (including his photo and age); investigators found no record Mariner had been an officer, though his father was a retired Cape Elizabeth police chief.
A warrant was issued to search Mariner, his Lyman residence, and his 2010 Toyota Corolla; execution yielded a Cape Elizabeth “Retired” badge, a camouflage wallet, and other items the victim had described.
Mariner moved to suppress, arguing the warrant lacked probable cause (challenging the Concord Trailways employee’s reliability); the trial court granted suppression for home and person (then vehicle), and the State appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the affidavit provided probable cause to search Mariner, his home, and vehicle	Affidavit contained corroborating facts (video plate, vehicle match, physical description, badge connection) creating a fair probability Mariner was assailant and evidence would be found	Probable cause depended on a conclusory, unreliable statement by the Concord Trailways employee and thus was insufficient	Warrant affidavit gave a substantial basis for probable cause under the Gates totality-of-the-circumstances test; suppression vacated

Illinois v. Gates, 462 U.S. 213 (establishes totality-of-the-circumstances probable cause test)
State v. Gurney, 36 A.3d 893 (Me. 2012) (nexus inference and types of evidence to support search)
State v. Samson, 916 A.2d 977 (Me. 2007) (nexus requirement between place to be searched and items sought)
State v. Simmons, 143 A.3d 819 (Me. 2016) (appellate standard: review magistrate’s probable cause finding for substantial basis)
State v. Johndro, 82 A.3d 820 (Me. 2013) (reliability of third-party, non-suspect informant and allowing positive inferences)
Massachusetts v. Upton, 466 U.S. 727 (permits reviewing courts to read affidavits in a positive light and allow reasonable inferences)
State v. Knowlton, 489 A.2d 529 (Me. 1985) (limitations on appellate review of warrant affidavits)

Suppression order vacated; case remanded for further proceedings.