Attorney: ALEXANDER SPADINGER, SHAHEEN & GORDON PA
State's Attorney: STEPHANIE ANDERSON
ORDER ON DEFENDANT'S MOTION TO SUPRESS
Deborah P. Cashman Judge
matter came before the court on March 26, 2018 for hearing on
Defendant's motion to suppress. Defendant was present and
represented by Attorney Alexander E. Spadinger, Esquire. The
State was represented by Assistant District Attorney Deborah
A. Chmielewski, Esquire.
onset of the hearing, Defendant clarified the issues raised
by her motion to suppress. Specifically, Defendant challenges
whether the officer has sufficient reasonable, articulable
suspicion to request Defendant submit to field sobriety
tests, whether there was sufficient probable cause to arrest
defendant, and whether the State violated Defendant's
federal and state rights under Miranda v. Arizona,
348 U.S. 436 (1966).and its progeny. The court heard the
testimony of Benjamin Noyes and observed Defendant's
Motion Exhibit 3, a recording of the traffic stop created by
the officer's WatchGuard recording system.Additionally the
court reviewed Defendant's Motion Exhibits 1 and 2 as
well. Following the hearing, the court took the matter under
advisement. Having now considered all of the evidence and
arguments presented, the court makes the following findings
of fact and conclusions of law upon which the order set forth
below is based:
Noyes is employed by the City of Portland as a patrol
sergeant with the Portland Police Department He has been with
the Portland Police Department for twenty-one (21) years.
September 22, 2018, Sgt. Noyes was working the 4:00 pm to
2:00 am shift. He was on routine patrol in the downtown area,
in a marked cruiser equipped with the WatchGuard recording
system. He was in full uniform. At approximately 11: 00 p.m.
Sgt. Noyes was traveling south on Union Street towards the
area known as the "Old Port" area of downtown
Portland. Sgt. Noyes observed a Jeep make an illegal U-turn
against a red light at the intersection of Fore Street and
Union Street. Sgt. Noyes waited as the traffic light cycled,
and when the officer had a green light, he turned to follow
the Jeep. Initially, there were two to three vehicles between
Sgt. Parker's cruiser and the Jeep. As Sgt. Noyes
continued to follow the Jeep, the vehicles between his
cruiser and the Jeep turned off allowing Sgt. Noyes to travel
directly behind the Jeep. Sgt. Noyes observed the Jeep turn
onto Silver Street without using its directional light. Sgt.
Noyes continued to follow the Jeep onto Silver Street. At the
intersection of Silver and Commercial streets, the Jeep
turned without coming to a complete stop at the stop sign.
After observing the vehicle failing to stop for the stop
sign, Sgt. Noyes activated his emergency lights and initiated
a traffic stop. The Jeep pulled to the side of Commercial
Street and stopped without incident. (See
Defendant's Motion Exhibit 3 at 00:00 to 00:45.)
Noyes approached the driver's side door of the vehicle
and asked the driver to produce her license, registration and
insurance card. In addition to the driver, Sgt. Noyes
observed a female passenger in the front passenger seat.
While waiting for the driver to produce the requested
paperwork, Sgt. Noyes asked the driver where she was coming
from. The passenger attempted to answer for the driver,
stating "she's just picking me up, I'm
drunk.". Sgt. Noyes again asked the driver where she was
coming from and again the passenger attempted to answer. The
passenger was told to allow the driver to answer. Sgt. Noyes
again requested the paperwork from the driver. The driver
attempted to hand Sgt. Noyes some paperwork in a envelop and
asked if "that was it" referring to the requested
paperwork. Sgt. Noyes instructed the driver to remove the
item from the envelop. The driver then handed Sgt. Noyes her
driver's license and insurance paperwork.
Noyes identified the driver as Samantha Carey from her Maine
State driver's license. Sgt. Noyes again asked where Ms.
Carey was coming from, to which she answered
"here." Sgt. Noyes asked Ms. Carey how much she had
had to drink, to which she responded, "nothing."
Ms. Carey thenpffered "I came from work." Sgt.
Noyes inquired where she worked, and Ms. Carey stated
"Maine Med." Sgt. Noyes again requested the
registration paperwork. As Ms. Carey continued looking for
the registration, Sgt. Noyes inquired where she were going.
Ms. Carey stated Old Orchard Beach. At this point Ms. Carey
can be heard stating "apparently" she could not
find the registration. He then asked what time Ms. Carey got
out of work, to which she said 7:00 pm. Sgt. Noyes then asked
Ms. Carey where she went after work. Ms. Carey again
answered, "here." She then informed Sgt. Noyes that
she worked 7 to 7 shift, and noted that she needed to be back
in the following day. Sgt. Noyes asked a third time where Ms.
Carey had been after work, and again she answered
"here." Her passenger then stated "the Old
Port." At this point Sgt. Noyes asked Ms. Carey how much
she had had to drink, and again she stated
looking for her registration, Ms. Carey initially provided
Sgt. Noyes with a yellow sales receipt. Although the
registration paperwork was at the top of the papers in Ms.
Carey's hand, she filed through the paperwork a three
times before she located the registration paper. After a few
minutes looking, Ms. Noyes was eventually handed her
registration to Sgt. Noyes. Sgt. Noyes then informed Ms.
Carey of the traffic infractions that he
observed. Ms. Carey offered that she was not
familiar with the area. Again Sgt. Noyes asked how much Ms.
Carey had had to drink, and she answered "I
haven't." The officer noted that Ms. Carey was
wearing a wrist band from a local brewery and asked her about
this initial contact with Ms. Carey, Sgt. Noyes noted the
odor of alcohol coming from the vehicle. He also noted
that Ms. Carey's eyes were bloodshot and glassy, her
pupils were dilated, and there was a slight slur in her
speech. Sgt. Carey then returned to his cruiser. Sgt. Noyes
had been with Ms. Carey for approximately four (4) minutes as
this point. (See Defendant's Motion Exhibit 3,
at 1:00 to 04:45.)
officer then returned to his cruiser. Approximately three
minutes later, Sgt. Noyes, returned to Ms. Carey's window
and asked her to step out of her vehicle. By this point a
second officer had arrived (per department policy) to backup
Sgt. Noyes who was going to conduct field sobriety tests.
When Sgt. Noyes asked Ms. Carey to step out of the vehicle,
both Ms. Carey and her passenger became excited, stating that
she wanted to talk to her lawyer. Sgt. Noyes opened the
driver's side door and said come out here. Sgt. Noyes
continued to ask Ms. Carey to step out of the vehicle. The
passenger began arguing with the officer, asserting that Ms.
Carey had a right not to step out and to have a lawyer. Sgt.
Noyes warned the passenger about obstructing the
investigation, and again asked Ms. Carey to step out of the
vehicle. He then stated, "One way or another you have to
come out of the car." At this point Ms. Carey then said
that she wanted to call her father, and she reached into the
center console of her vehicle. Sgt. Noyes, who did not
initially know what Ms. Carey was reaching for, grabbed her
arm and asked her again to step out of the vehicle. Realizing
the Ms. Carey had grabbed her phone, Sgt. Noyes took her
phone out of her hand and set it on her dash board. Ms. Carey
said "I'm calling my dad." The passenger
continued to speak loudly. Sgt. Noyes instructed that the
passenger could call the father while Ms. Carey stepped out
of the car. At this point Ms. Carey said "I will."
Sgt. Noyes released her arm, Ms. Carey stepped out of the
vehicle and went to the back of the vehicle. (Defendant's
Motion Exhibit 1, at 7:45 to 9:20.)
the back of the vehicle, the officer began instructing that
Ms. Carey had two choices, that she could do field sobriety
tests, whereupon, and before Sgt. Noyes indicated what the
second choice might be, Ms. Carey stated "I will,
I've done it before, its fine." Sgt. Noyes informed
Ms. Carey that he was going to conduct field sobriety tests
to determine whether or not Ms. Carey was sober enough to
to beginning the field sobriety tests, Sgt. Noyes asked Ms.
Carey if she has smoked any marijuana or was taking any
medications, to which she replied no. Sgt. Noyes then asked
if Ms. Carey had any injuries that would affect her ability
to drive a car ...