604 A.2d 45 | Me. | 1992
The State appeals from an order of the District Court (Millinocket, Gunther, J.) suppressing evidence obtained from defendant Rena Gifford’s purse. The State contends that the court incorrectly imposed the requirement of probable cause and, alternatively, erred in finding that the officer did not have probable cause to conduct a search. We reject the State’s arguments and affirm the order.
The District Court held that the search of the purse was improper under the Fourth Amendment of the United States Constitution because it was not based on probable cause. Although the State concedes it did not argue this point before the District Court, it now contends that a seizure, as distinguished from a search, need not be grounded in probable cause. In United States v. Place, 462 U.S. 696, 702, 103 S.Ct. 2637, 2641, 77 L.Ed.2d 110 (1983), the Supreme Court suggested that the warrantless detention of luggage in order to permit a “canine sniff,” without opening the luggage, could be so minimally intrusive as to require only a “reasonable, articulable suspicion, premised on objective facts,” that the luggage contained contraband. In Place, D.E.A. agents received information that a particular passenger was suspected of transporting drugs in his luggage. The agents approached the suspect upon his arrival at Laguardia airport and seized his luggage. They subjected the luggage to a dog sniff, and the dog indicated that one of the bags contained narcotics. They retained the luggage, unopened, over the weekend until they could obtain a warrant.
The entry is:
Order affirmed.
All concurring.
. Ultimately, the court concluded that the length of the detention alone precluded "the conclusion that the seizure was reasonable in the absence of probable cause.” Place, 462 U.S. at 709, 103 S.Ct. at 2645.