February 9, 2016.
G. Murdick II, Esq., Cumler & Lynch, Waldoboro, for appellant
Herbert R. Simmons Sr.
R. Hollstrom, Asst. Dist. Atty., District Attorney's
Office, Wiscasset, for appellee State of Maine.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
[¶1] This appeal raises the question of
whether a game warden's uncontroverted observation of a
vehicle making an " unnecessarily" wide right turn
partially into the oncoming travel lane of an intersecting
roadway can support the suppression court's finding that
the warden had the reasonable articulable suspicion necessary
to stop the vehicle.
[¶2] Herbert R. Simmons Sr. appeals from a
judgment of conviction for operating under the influence
(Class D), 29-A M.R.S. § 2411(1-A)(A) (2015), entered in
the District Court (Wiscasset, Billings, J. ) on his
conditional guilty plea. Simmons contends that the
suppression court ( Powers, J. ) erred in denying
his motion to suppress evidence obtained from the
warden's stop of his vehicle. We find no error and affirm
[¶3] Simmons moved to suppress evidence
stemming from the stop of his vehicle by a game warden.
Following a hearing, the court found that the warden stopped
Simmons's vehicle after seeing it approach " very
close by" the warden's vehicle and then make a right
turn, " unnecessarily wide into the approaching lane of
another road." The court articulated no other specific
findings for that conclusion, but because none were
requested, see M.R. Crim. P. 41A(d), " we
will infer that the court found all the facts necessary to
support its judgment if those inferred findings are
supportable by the evidence in the record." State v.
Jones, 2012 ME 126');">2012 ME 126, ¶ 29, 55 A.3d 432 (quotation
[¶4] Viewed in a light most favorable to the
court's decision, competent evidence in the motion record
supports the court's express and inferred findings.
See State v. Bryant, 2014 ME 94, ¶ 2,
97 A.3d 595; Jones, 2012 ME 126');">2012 ME 126, ¶ 29, 55 A.3d
[¶5] The game warden, the only witness at
the suppression hearing, testified to the following: At
approximately 5:20 in the afternoon on Saturday, August 23,
2014, he was driving southbound on Route 220 in Waldoboro
near its intersection with Finntown Road. He observed a
vehicle traveling northbound toward him on the
same road. As the warden approached the mouth of the
intersection of Route 220 and Finntown Road, he observed the
vehicle execute a " wide" right-hand turn onto
Finntown Road, ...