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. Warner

Supreme Judicial Court of Maine

August 29, 2019

STATE of Maine
v.
Michael J. WARNER II

         Argued: February 5, 2019

Page 23

          Maeghan Maloney, District Attorney, Prosecutorial District 4, Augusta; Jonathan Liberman, District Attorney, Prosecutorial District 6, Rockland; and Stephanie Anderson, District Attorney, and Carlos Diaz, Asst. Dist. Atty. (orally), Prosecutorial District 2, Portland, for appellant State of Maine

          Christopher R. Guillory, Esq. (orally), Saco, for appellee Michael J. Warner II

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

         OPINION

         SAUFLEY, C.J.

         [¶1] The State appeals from the combined order of the Superior Court (Cumberland, Kennebec, and Knox Counties, Murphy, J. ) granting Michael J. Warner II’s motion to suppress evidence obtained pursuant to (1) a search warrant for Warner’s cell phone account data authorized by Judge Dow on September 9, 2015, and (2) a search warrant for codefendant Taylor Shultz’s cell phone account data authorized

Page 24

by Justice Mills on September 14, 2015.[1] The State argues that Warner lacked standing to challenge the warrant issued to search Shultz’s account data and that the court (Murphy, J. ) erred in determining that neither search warrant was supported by probable cause. Because we conclude that (1) the affidavit for the September 9, 2015, warrant to search Warner’s account data was supported by probable cause, and (2) Warner lacked standing to challenge the September 14, 2015, warrant to search Shultz’s account data, we vacate the order to the extent that it suppresses the evidence obtained through those two warrants.

          I. BACKGROUND

         [¶2] The following facts are drawn from the affidavit in support of an application, dated September 9, 2015, for a warrant to search Warner’s cell phone account data. See State v. Nunez, 2016 ME 185, ¶ 20, 153 A.3d 84.

          [¶3] On July 30, 2015, a deputy of the Kennebec County Sheriff’s Office responded to a reported burglary at Tobey’s Grocery in China, Maine. An employee at Tobey’s Grocery showed the deputy video surveillance footage of the store at the time of the burglary. The footage showed two men running from a park-and-ride near Tobey’s Grocery to propane tanks next to the store. One individual was wearing dark pants, a dark hooded sweatshirt, gloves, a camouflage face mask and hat, and dark shoes with white on the sides of the soles. That individual pried open a back door to the store, kicked the office door open, found cash, took it, and then left. During this time, the surveillance video showed a small, dark-colored, four-door car, believed to be a Volkswagen, moving through the Tobey’s Grocery parking lot.

          [¶4] A Maine State Police trooper and his partner arrived at the scene to assist the deputy, and one of them noted the similarity between the burglary at Tobey’s Grocery and a number of other commercial burglaries that had occurred in the area.

          [¶5] Later that day, the same trooper received a report from a manager at Tobey’s Grocery that an employee of Cumberland Farms in Brunswick had reported finding a blue money bag with checks written out to Tobey’s Grocery in the dumpster near the gas pumps. The trooper and his partner went to the Cumberland Farms store, collected the money bag, and watched the store’s video surveillance footage. In that footage, a Volkswagen sedan pulled up in front of the store at 12:54 a.m. on July 30, 2015. Three men exited the vehicle. Two of the men walked into the store while the driver removed some items from the trunk, walked to a dumpster near the gas pumps, and returned without the items in his hands. The driver then walked into the store. From the video, the trooper was able to identify the driver as Warner. Before leaving Cumberland Farms, the trooper and his partner checked the dumpster and found a second money bag, a size-13 black sneaker, and a blue hooded sweatshirt.

          [¶6] The trooper forwarded photographs of the other two individuals from the Cumberland Farms surveillance footage to the Biddeford Police Department. The Biddeford police were able to identify one of the individuals as Shultz.

         [¶7] The trooper then learned through a motor vehicle check that Warner had a four-door, 2003 Volkswagen Passat registered in his name "that matche[d] the description of the Volkswagen seen at the Cumberland Farms store ...


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.