Argued: October 10, 2019
Heather Nadeau, Esq. (orally), The Law Office of Tina Heather
Nadeau, PLLC, Portland, for appellant David Marble Jr.
M. Frey, Attorney General, and Donald W. Macomber, Asst.
Atty. Gen. (orally), Office of the Attorney General, Augusta,
for appellee State of Maine
ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.
David W. Marble Jr. appeals from a judgment of conviction of
two counts of intentional or knowing murder, 17-A M.R.S.
§§ 2Ol(1)(A) (2018), 1158-A(1)(B) (2015),  entered by the
trial court (Cumberland County, Murphy, /.) after a
jury trial. Marble argues that the court erred in
denying his motion to suppress evidence of his cell site
location information because the information was obtained
through a search warrant issued without probable cause. We
affirm the judgment.
On December 26, 2015, a detective investigating two apparent
homicides applied for a search warrant for the historical
cell site location information (CSLI) of seven telephone
numbers, including Marble's, that were in contact with
the cell phone of one of the victims in the hours before he
was killed. The detective's affidavit supporting the
warrant application averred the following facts relevant to
the existence of probable cause to justify a search of
Marble's cell phone records. See State v. Nunez,
2016 ME 185, ¶¶ 18-20, 153 A.3d 84.
At approximately 3:30 a.m. on December 25, 2015, a woman
called 9-1-1 reporting that she had been shot. The police
were able to track the 9-1-1 call to the area of Summerhaven
Road in Manchester, Maine; when the police arrived, they
found the bodies of one male victim and one female victim in
a car they later learned belonged to the male victim. No gun
was found at the scene, but a cell phone was found in the
female victim's lap. This cell phone-which belonged to
the male victim-was the phone used to make the 9-1-1 call.
Marble was a drug dealer operating in Maine and the male
victim worked for him. Two days before the murders, the male
victim was supposed to collect money from another drug dealer
and bring it to Marble but he did not do so. That same day,
Marble obtained two handguns. On December 24, eight calls
were made to the male victim's home phone from
Marble's cell phone number. Just hours before the
murders, the male victim and some friends broke into
Marble's apartment while Marble was not there and stole
televisions, backpacks, guns, and drugs. Sometime after the
male victim left Marble's apartment but while the friends
were still there, the male victim sent one of the friends a
text message that read "leave." Marble's cell
phone was used to call the male victim's cell phone at
2:14 a.m. on December 25, just eighty minutes before the
Based on the affidavit, a judge (Kennebec County, Dow,
J.) issued a search warrant authorizing the seizure of
records associated with seven cell phone numbers, including
Marble's. The police executed the warrant and
obtained, from Marble's cell phone service provider,
On February 18, 2016, Marble was indicted on two counts of
intentional or knowing murder, 17-A M.R.S. §§
201(1)(A), 1158-A(1)(B), for both deaths. Marble moved to
suppress the evidence of his CSLI. After a testimonial
hearing held in July of 2018, the court
(Cumberland County, Murphy, J.) denied Marble's
motion, concluding that the affidavit established
"sufficient probable cause to believe that Mr. Marble
was involved in these homicides and further that evidence of
the crimes of homicide could be located in his phone."
Two weeks later, the court conducted an eight-day jury trial.
Viewing the evidence in the light most favorable to the
jury's verdict, the jury rationally could have found the
following facts. See State v. McBreairty, 2016 ME
61, ¶ 2, 137 A.3d 1012.
Marble was involved in drug trafficking in the Augusta area
and the male victim worked for him. In the early morning
hours of December 25, 2015, the male victim and some friends
decided to burgle Marble's Augusta apartment. When Marble
returned to the apartment, he discovered that the apartment
had been burgled and expressed a belief that the male victim
was responsible. Along with two ...