United States District Court, D. Maine
RECOMMENDED DECISION ON MOTION TO SUPPRESS
C. Nivison U.S. Magistrate Judge.
case, Defendant is charged with the distribution of cocaine
base on or about April 10, 2015. The matter is before the
Court on Defendant's Motion to Suppress and to Dismiss
the Indictment. (ECF No. 34.)
of the investigation, a law enforcement officer stopped
Defendant's motor vehicle on April 10. Through the
motion, Defendant contends that suppression and dismissal are
warranted because law enforcement officers failed to
articulate an objective, reasonable suspicion to stop
a hearing and after consideration of the parties'
arguments, I recommend the Court deny the motion.
Findings of Fact
on the evidence presented at the hearing, I propose the Court
find the following facts:
April 10, 2015, Steve Saucier, an agent with the Maine Drug
Enforcement Agency (MDEA), met with a confidential informant
(CI). The CI informed Agent Saucier that a person known as
“Pacman” was selling drugs in the Bangor area.
Agent Saucier's presence, the CI made a phone call to
arrange a purchase of cocaine. A male voice answered the
phone. The person on the phone advised the CI that the CI
would receive a text with the location of the transaction.
Subsequently, the CI received a text to meet at the Ohio
Street apartments in Bangor. Later, by phone, the location
was changed to the parking lot of a Burger King restaurant on
Union Street in Bangor.
Agent Saucier provided the CI with a “body wire”
and $200 in cash in advance of the purchase.
Another MDEA agent, Joseph Burke, followed the CI to the
location to monitor the CI and the vehicles involved in the
transaction. Agent Saucier was stationed in a vehicle near
the Burger King location to monitor the body wire.
While Agent Saucier monitored the body wire, the CI reported
the license plate number of the other vehicle in the parking
lot. He announced the vehicle had a Connecticut registration
with plate number 9AMFW2 (the vehicle).
While the CI was in the parking lot, a person identified by
the CI as “Pacman” came up to the CI's
vehicle and told him to get in the other vehicle, which was a
gold or tan Lincoln Navigator. The CI ...