State of Maine v. Hartery

STATE OF MAINE UNIFIED CRIMINAL DOCKET CUMBERLAND, ss. ,\ i i_ ,, ; 1 ·~ i'.i ,\' l Docket No. 09-2908 / ~~ 01 0 1 . ·.1 'Wt:i~t.,_~No. s::: fZ.t1G- c urn-- , ,, CLERWS OFFICE STATE OF MAINE, 2010 JAN I I P 3: 0 O v. ORD"ER ·

MELISSA HARTERY,

Defendant.

On April 13, 2009 in Windham there was a fire scene on the roadway and the defendant's vehicle was observed sliding off the road. The occupants were observed moving items from the interior of the vehicle to the trunk and Officer Cox was informed of that observation. By the time Officer Cox arrived at the scene the vehicle was back on the roadway. He ran a license and warrant check on the defendant operator and an identification check on the passenger.

Officer Cox requested that a canine officer be dispatched and that request was denied so he told defendant she was free to go. He then asked if he could do a search of the vehicle and the passenger told him they had nothing to hide and that they could look in the vehicle. At the same time the police noticed a Portland Police Department canine officer waiting in traffic and at the police's request a "sniff" search was conducted by the Portland officer's dog. The dog indicated on a handbag and further search revealed the lack of any illegal drugs in the interior. The police opened the trunk searching for drugs and found none.

Officer Williams observed a checkbook in the trunk, opened the same and acquired information that lead to the seizure of stolen items and the pending charges. The officer was not searching for drugs when he took possession of the checkbook and opened the same.

The court has found that the use of the canine to detect presence of drugs was permissible and the passenger consented to a search of the vehicle although not expressly the trunk of the vehicle. Once the canine hit upon the interior of the car then the police had probable cause to check the trunk for illegal drugs. However once they concluded there were no drugs in the trunk then they could not seize and search the checkbook without permission of the defendant or her passenger. See, State v. Sargent, 2009 ME 125 and Arizona v. Hicks, 480 U.S. 321 (1987).

Therefore, the defendant's motion to suppress the items d from the trunk of the defendant's automobile is granted. DATED: January 11, 2010

STATE OF MAINE vs MELISSA HARTERY Docket No CUMCD-CR-2009-02908 9 BIRCHWOOD DRIVE PORTLAND ME 04102 DOCKET RECORD DOB: 08/20/1983 Attorney: ROBERT RUFFNER State's Attorney: STEPHANIE ANDERSON ROBERT J RUFFNER ATTORNY AT LAW 80 EXCHANGE ST., SUITE 32 PORTLAND ME 04101 RETAINED 06/16/2009

Filing Document: CRIMINAL COMPLAINT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 04/15/2009

Charge(s}

1 BURGLARY 0411312009 WINDHAM Seq 8484 17-A 401 (1} (B) (4} Class B BOUDREAU I WND

2 THEFT BY RECEIVING STOLEN PROPERTY 0411312009 WINDHAM Seq 8477 17-A 359 (1} (B) {4) Class c BOUDREAU I WND 3 THEFT BY RECEIVING STOLEN PROPERTY 0411312009 WINDHAM Seq 8477 17-A 359 {1) {B) {4} Class c Charged with INDICTMENT on Supplem

Docket Events: 04/15/2009 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 04/15/2009

04/15/2009 Charge(s): 1,2 HEARING - INITIAL APPEARANCE SCHEDULED FOR 04/15/2009 @ 1:00 in Room No. 1

NOTICE TO PARTIES/COUNSEL 04/15/2009 OTHER FILING - NOTICE OF JOINDER FILED BY STATE ON 04/15/2009

04/16/2009 Charge(s): 1,2 HEARING - INITIAL APPEARANCE HELD ON 04/15/2009 @ 1:00 in Room No. 1 ROLAND BEAUDOIN , JUDGE TAPE 3204 04/16/2009 Charge(s): 1,2 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 04/15/2009 @ 1:00 in Room No. 1 ROLAND BEAUDOIN , JUDGE 04/16/2009 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 06/11/2009 @ 9:30 in Room No. 7

04/16/7.009 Charge (s): 1, 2 TRIAL - JURY TRIAL SCHEDULED FOR 07/06/2009 @ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 04/16/2009 BAIL BOND - $500.00 CASH BAIL BOND SET BY COURT ON 04/15/2009 @ 1:00 in Room No. 1 Page 1 of 4 Printed on: 01/13/2010

MELISSA HARTERY CUMCD-CR-2009-02908 DOCKET RECORD ROLAND BEAUDOIN , JUDGE $500 CASH BAIL W/CONDS 04/21/2009 BAIL BOND - $500.00 CASH BAIL BOND FILED ON 04/17/2009

Bail Receipt Type: CR Bail Amt: $500 Receipt Type: CK Date Bailed: 04/15/2009 Prvdr Name: LAURA KELLY HARTERY Rtrn Name: LAURA KELLY HARTERY 988 11-19-09 ASSIGNED TO ATTY RUFFNER 05/01/2009 Party(s): MELISSA HARTERY ATTORNEY - RETAINED ENTERED ON 04/22/2009

Attorney: JAMES BOULOS 05/12/2009 Charge(s): 1,2,3 SUPPLEMENTAL FILING - INDICTMENT FILED ON 05/08/2009

05/12/2009 Charge(s): 1,2,3 HEARING - ARRAIGNMENT SCHEDULED FOR 06/11/2009 @ 9:30 in Room No. 7

05/12/2009 Charge(s): 1,2,3 HEARING ~- ARRAIGNMENT NOTICE SENT ON 05/12/2009

05/21/2009 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 05/21/2009

06/05/2009 Charge(s): 1,2,3 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 06/05/2009

06/05/2009 Charge(s): 1,2 TRIAL - JURY TRIAL NOT HELD ON 06/05/2009

06/05/2009 TRIAL - JURY TRIAL SCHEDULED FOR 07/13/2009@ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 06/08/2009 charge(s): 1,2,3 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 06/08/2009 ROBERT E CROWLEY , JUSTICE COPY TO PARTIES/COUNSEL 06/08/2009 Party(s): MELISSA HARTERY ATTORNEY - WITHDRAWN ORDERED ON 06/08/2009

Attorney: JAMES BOULOS 06/11/2009 Charge(s): 1,2,3 HEARING - ARRAIGNMENT CONTINUED ON 06/11/2009 PAUL E EGGERT , JUDGE DEF NEEDS TO RETAIN COUNSEL 06/11/2009 TRIAL - JURY TRIAL NOT HELD ON 06/11/2009

DISP CONF DATE MOVED 06/11/2009 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE NOT HELD ON 06/11/2009

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MELISSA HARTERY CUMCD-CR-2009-02908 DOCKET RECORD DEF NEEDS TO RETAIN COUNSEL 06/11/2009 HEARING DISPOSITIONAL CONFERENCE SCHEDULED FOR 07/23/2009@ 1:00 in Room No. 7

06/11/2009 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 06/30/2009

06/11/2009 Charge(s): 1,2,3 HEARING ARRAIGNMENT SCHEDULED FOR 07/23/2009 @ 1:00 in Room No. 7

06/11/2009 TRIAL- JURY TRIAL SCHEDULED FOR 09/08/2009@ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 06/18/2009 Party(s): MELISSA HARTERY ATTORNEY - RETAINED ENTERED ON 06/16/2009

Attorney: ROBERT RUFFNER 07/06/2009 TRIAL - JURY TRIAL CONTINUED ON 07/06/2009

9-8-09 IS A STATE SHUTDOWN DAY. CASE RESCHEDULED FOR TRIAL EXP 9-14-09 07/23/2009 HEARING - DISPOSITIONAL CONFERENCE HELD ON 07/23/2009

Attorney: ROBERT RUFFNER DA: MICHAEL MADIGAN 07/23/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/11/2009 ® 1:00 in Room No. 8

NOTICE TO PARTIES/COUNSEL 07/23/2009 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 07/23/2009

0 'I I 2 4 I 2 0 0 9 Charge ( s) : 1, 2, 3 HEARING - ARRAIGNMENT HELD ON 07/23/2009 DONALD G ALEXANDER , ASSOCIATE JUSTICE Attorney: ROBERT RUFFNER DA: MICHAEL MADIGAN DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS TAPE 3360 07/24/2009 Charge(s): 1,2,3 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 07/23/2009

07/24/2009 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 07/23/2009

07/24/2009 MOTION - MOTION FOR DISCOVERY GRANTED ON 07/23/2009 DONALD G ALEXANDER , ASSOCIATE JUSTICE COPY TO PARTIES/COUNSEL GRANTED IN PART IN CHAMBERS. SEE ORDER 07/24/2009 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 07/23/2009

08/07/2009 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 08/07/2009

Attorney: ROBERT RUFFNER JH 08/07/2009 MOTION - MOTION TO CONTINUE GRANTED ON 08/07/2009 ROLAND BEAUDOIN , JUDGE COPY TO PARTIES/COUNSEL 08/10/2009 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 08/25/2009 @ 1:00 in Room No. 8 Page 3 of 4 Printed on: 01/13/2010

MELISSA HARTERY CUMCD-CR-2009-02908 DOCKET RECORD

NOTICE TO PARTIES/COUNSEL 08/10/2009 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 08/10/2009

JH 08/10/2009 Charge (s): 1, 2, 3 TRIAL - JURY TRIAL SCHEDULED FOR 09/14/2009@ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL o 8 I 10 I 2 0 0 9 Charge ( s) : 1, 2, 3 TRIAL - JURY TRIAL NOTICE SENT ON 08/10/2009

JH 08/10/2009 HEARING - MOTION TO SUPPRESS CONTINUED ON 08/07/2009

08/25/2009 HEARING - MOTION TO SUPPRESS HELD ON 08/25/2009 ROLAND A COLE , JUSTICE Attorney: ROBERT RUFFNER DA: JENNIFER NORBERT TAPE 3366, SA FOR THE STATE STATE'S WITNESS CALLED. AFTER HEARING MOTION TO SUPPRESS UNDER ADVISEMENT BRIEFS TO BE FILED BY 9-3-09 08/25/2009 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 08/25/2009 ROLAND A COLE , JUSTICE 09/04/2009 OTHER FILING - MEMORANDUM OF LAW FILED ON 09/03/2009

IN RESPONSE TO DEFENDANT'S MOTION TO SUPPRESS EVIDENCE 09/14/2009 OTHER FILING - MEMORANDUM OF LAW FILED ON 09/14/2009

Attorney: ROBERT RUFFNER 09/17/2009 OTHER FILING - MEMORANDUM OF LAW FILED ON 09/16/2009

Attorney: ROBERT RUFFNER DEF'S RESPNSE IN SUPPOR OF SUPPRSSION TO STATE'S MEMORANDUM OF LAW 11/19/2009 BAIL BOND - CASH BAIL BOND ASSIGNMENT FILED ON 11/19/2009

Date Bailed: 04/15/2009 988 11-19-09 ASSIGNED TO ATTY RUFFNER 12/22/2009 Charge(s): 1,2,3 TRIAL - JURY TRIAL NOT HELD ON 12/22/2009

12/22/2009 TRIAL - JURY TRIAL SCHEDULED FOR 01/25/2010@ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 12/22/2009 TRIAL - JURY TRIAL NOTICE SENT ON 12/22/2009

01/13/2010 MOTION - MOTION TO SUPPRESS GRANTED ON 01/11/2010 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL

A TRUE COPY ATTEST: Clerk

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