[¶ 1] Rоbert Rideout appeals from the judgment of conviction entered in the Superior Court (Aroostook County, Pierson, J.) on his conditional plea of guilty to the offense of operating а motor vehicle while his license was revoked as an habitual offender (Class C), 29-A M.R.S.A. § 2557 (Supp.1999).
I. FACTS AND PROCEDURE
[¶2] Joseph Bubar, Chief of the Fort Fairfield Police Department, was acquainted with Rideout, a resident of Fort Fair-field, because he had arrested him on two previous occasions. On September 9, 1999, Chief Bubar was in uniform and driving a marked Fort Fairfield police cruiser from Fort Fairfield to attend court in Presque Isle. As he was traveling in Presque Isle, Chief Bubar came upon a vehicle driven by a person he believed to be Rideout. The Chief believed that Ride-out’s licensе was under suspension.
[¶ 3] Chief Bubar radioed the Presque Isle Police Department and was told that Rideout’s license was, indeed, under suspension. The Chief requested that a unit from Presque Isle be dispatched to stop Rideout. The Presque Isle dispatcher responded that all of the Presque Isle units were busy and requested that the Chiеf make the stop. Chief Bubar stopped the vehicle and confirmed that it was Rideout operating the vehicle. A Presque Isle officer arrived after the Chief had requested Rideоut’s license, and Chief Bubar left.
[¶ 4] After being indicted by the grand jury on one count of operating after habitual offender revocation, Rideout pleaded not guilty and filed a motion to suppress his statements and the out of court eyewitness identification. Chief Bubar testified at the suppression hearing, and the court denied the motion to suppress. The Superior Court fоund that the Chief had probable cause to stop Rideout’s vehicle, and the extraterritorial stop was reasonable. Pursuant to M.R.Crim. P. 11(a)(2), Rideout entered a conditional plea of guilty.
II. SUPERIOR COURT’S FINDING OF PROBABLE CAUSE
[¶ 5] At the end of the suppression hearing, the Superior Court found that Chief
[¶ 6] The Superior Court’s finding of probable cause subsumes a finding of a reasonable and articulable suspicion. See State v. Babcock,
III. VIOLATION OF FRESH PURSUIT STATUTE
[¶ 7] Chief Bubar stopped Ride-out in a municipality in which Chief Bubar was not appointed as a law enforcement officer; therefore, the stop violated the fresh pursuit statute, 30-A M.R.S.A. § 2671. Rideout contends that the statutory violation warrants the application of the exclusionary rule because of the absence of the requisite probable cause and reasonableness to justify a violation of the fresh pursuit statute.
[¶ 8] The Superior Court’s decision not to supрress the evidence is reviewed only for clear error. State v. Pike,
[¶ 9] Chief Bubar did not leave Fort Fairfield to make an excursion into Pres-que Isle to ferret out сrime. He was traveling in a different jurisdiction for a reason unrelated to the stop and was on duty while making the stop. Once in Pres-que Isle, after observing a vehicle he believed to be driven by Rideout, he requested that an officer in the correct jurisdiction make the stop, and he only made the stop when he was instructed to do so by the dispatcher. These faсts indicate that Chief Bubar acted reasonably and did not intentionally disregard his territorial limits in an attempt to ferret out crime.
The entry is:
Judgment affirmed.
Notes
. 29-A M.R.S.A. § 2557 provides in relevant part:
1. Crime. A person commits a crime as defined in subsection 2 if thаt person operates a motor vehicle on a public way, as defined in Title 17-A, section 505, subsection 2, when that person’s license to operate a motor vehiclе has been revoked under this subchapter or former Title 29, chapter 18-A and that person:
A. Has received written notice of the revocation from the Secretary of Statе;
B. Has been orally informed of the revocation by a law enforcement officer;
C. Has actual knowledge of the revocation; or
D. Is a person to whom written notice was sent in accordance with section 2482 or formеr Title 29, section 2241, subsection 4.
2.Offense; penalty. Violation of this section is:
B. A class C crime if:
(1) The person has one or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
(2) The person has one or more convictions for violating section 2411 or former Title 29, section 1312-B within the previous 10 years.
. 30-A M.R.S.A. § 2671(2) provides in pertinent part:
No police officer has any authority in сriminal or traffic infraction matters beyond the limits of the municipality in which the officer is appointed, except to:
E.Arrest a person who travels beyond the limits of the municipality in whiсh the officer is appointed when in fresh pursuit of that person. This paragraph applies to all crimes and traffic infractions.
. Chief Bubar believed Rideout was operating under a suspension (Class E) pursuant to 29-A M.R.S.A. § 2412-A (1996 & Supp.1999); however, Rideout was prosecuted for violating 29-A M.R.S.A. § 2557, operating after habitual offender revocation (Class C). The appeal is not affected by the distinctions between the offenses.
. Rideout was sentenced to thirty days confinement.
. In Jolin, the officer was on duty for the city of Brewer but was having a coffee break in Bangor. Jolin,
. In Pike, a Milo officer was following a vehicle that he believed he had previously stopped for a loud exhaust. Pike,
