Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Mariner

Supreme Court of Maine

May 23, 2017

STATE OF MAINE
v.
GARY MARINER

          Argued: March 2, 2017

          Stephanie Anderson, District Attorney, and Jonathan T. Sahrbeck, Asst. Dist. Atty. (orally), Office of the District Attorney, Portland, for appellant State of Maine.

          Neale A. Duffett, Esq., (orally), Cloutier, Conley & Duffett, PA, Portland, for appellee Gary Mariner.

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          SAUFLEY, C.J.

         [¶1] The State appeals from an order entered by the trial court (Cumberland County, Wheeler, J.) suppressing evidence seized from Gary Mariner, his vehicle, and his residence after the court determined that the warrant that authorized the search and the seizure of that evidence was not supported by probable cause. We conclude that the warrant affidavit provided the necessary substantial basis for the warrant judges finding of probable cause, and we vacate the suppression order.

         I. BACKGROUND

         [¶2] On October 1, 2015, Portland police applied for a warrant to search Gary Mariner, his Lyman residence, and his 2010 Toyota Corolla for evidence related to an alleged sexual assault that occurred two weeks before. The supporting affidavit alleged the following facts.

         [¶3] On September 19, 2015, a woman reported to police that she had been the victim of a sexual assault, perpetrated on the night of September 15, 2015. On that night, the victim was working as a prostitute on Congress Street in Portland. Sometime between 10:30 and 11:00 p.m., a car she described as a silver Toyota Corolla with a model year from 2002 to 2008 drove by her, and the male driver yelled "something at her about anal sex." Around forty-five minutes later, the same vehicle, with the same driver, passed by again and picked up the victim on Boynton Street.

         [¶4] Once she was in the vehicle, the driver showed the victim a camouflage wallet containing a gold star-shaped police badge with the State of Maine seal and the words "Cape Elizabeth" and "Retired." She described the male as "older, maybe 60 years of age, bad skin, a mustache, grayish / light colored eyes, " and "wearing a baseball cap, plaid flannel button up shirt and a wedding ring." The victim asked the driver whether she was under arrest and he told her that she could "work it off." When she responded that he should "take [her] to jail, then, " the driver told her that he had been brought back from retirement by the State Police and asked her to help him find other prostitutes.

         [¶5] He drove her to the parking lot across from the Concord Trailways station and backed the car up to the fence near the rear of the lot, facing the entrance. The victim saw an automatic handgun in the drivers side door pocket. The male "wanted to engage in anal sex with [the victim] and said he didnt get it at home." The victim "talk[ed] him down" to oral sex. He placed the gun on top of his lap, pointing in the direction of the front passenger-side headlight. The male unfastened his belt, removed his penis, and the victim performed oral sex on him. Before he let her out of the car on St. John Street, he told her that it had been "against [his] better judgment" and that "in 25 years [it] was the first time [he had] let anyone go."

         [¶6] On September 22, 2015, police spoke with an identified Concord Trailways employee "who was able to locate video for this incident." The employee was able to determine the license plate number for the "suspect vehicle." Police determined that Mariner was a joint owner of the vehicle.

         [¶7] The vehicle registration, indicating that the car was a tan-colored 2010 Toyota Corolla, was attached to the affidavit. Mariners motor vehicle record was also attached, indicating that he was fifty-seven years old and including his photograph. After obtaining the motor vehicle information, police determined that although Mariner had taken a preliminary test toward becoming a police officer, there was no record of him having been a police officer in Maine. Mariners father, however, was a retired Cape Elizabeth police chief.

         [¶8] A search warrant was issued by the court (Portland, Eggert, J.) on October 1, 2015, authorizing police to search Mariners home, car, and person. Police executed the warrant that same day and seized a Cape Elizabeth police badge inscribed with the word "Retired" and a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.