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State v. Sylvain1/14/2003
The State of Maine appeals, pursuant to 15 M.R.S.A. § 2115- A(1) (Supp.2002), from the decision of the District Court (Portland, Goranites, J.) granting David Sylvain's motion to suppress evidence obtained during field sobriety tests. The State argues that the state trooper had an objectively reasonable and articulable suspicion that Sylvain was driving under the influence of alcohol and therefore that the State's pursuit of further information through field sobriety tests was reasonable pursuant to Fourth Amendment principles. We vacate the order of suppression.
I. BACKGROUND
[ 2] On January 26, 2002, at 10:45 P.M., a Maine State Police Trooper observed a truck traveling south on Interstate 295 with one headlight out. The trooper immediately pulled in behind the truck and signaled the driver to pull over. The driver did so without incident. When the trooper approached the truck, the driver partially rolled down the window. The trooper observed that the driver's eyes were bloodshot and asked him "if he had drank anything recently." The driver responded "two beers." The trooper then asked the driver to step from the vehicle and perform field sobriety tests.
[ 3] The driver of the vehicle was David Sylvain. Sylvain does not contest the officer's authority to pull him over as a result of the missing headlight. Rather, he argues that the officer had insufficient objective information upon which to require field sobriety tests.
[ 4] The motion judge found that the State proved the following facts: "the defendant drove at night with a headlight out, had bloodshot eyes, and admitted having two beers." The trial court also determined that "Trooper Hinckley subjectively entertained a concern that the Defendant was operating under the influence."
[ 5] Notwithstanding those findings, the trial court concluded that suppression was warranted as a result of our holding in State v. Nelson, 638 A.2d 720 (Me.1994). Specifically, the trial court held that "the law in Maine is that it is not illegal to consume alcohol and drive."
[ 6] Exercising its authority pursuant to 15 M.R.S.A. § 2115-A(1), the State has appealed the granting of that motion to suppress.
II. DISCUSSION
A. Burden of Proof and Standard of Review Under Maine Law
[ 7] At a hearing on a motion to suppress evidence obtained in the course of a traffic stop, the State bears the burden of demonstrating that the officer's actions were objectively reasonable under the circumstances. State v. Brown, 675 A.2d 504, 505 (Me.1996).
[ 8] The proper standard of appellate review depends upon the challenges raised by the appellant. This variation in standards results from the motion court's obligation to resolve constitutional issues in two steps. "First, the [motion] judge must find 'historical facts.' " *987 State v. Cefalo, 396 A.2d 233, 239 (Me.1979) (holding "historical facts" are "facts 'in the sense of a recital of external events and the credibility of their narrators.' ") (quoting Brown v. Allen, 344 U.S. 443, 506, 73 S.Ct. 397, 97 L.Ed. 469 (1953)). Since the motion court has had the opportunity to hear the witnesses and assess their credibility, we afford the court's findings concerning historical facts considerable deference. Cefalo, 396 A.2d at 239. Thus, we review the factual findings of the motion court to determine whether those findings are supported by the record, and only if the findings are clearly erroneous will they be set aside. Id. at 240.
[ 9] Second, the motion court must draw legal conclusions from these historical facts. Id. at 239. A challenge to the application of constitutional protections to historical facts is a matter of law that we review de novo. See State v. Ullring, 1999 ME 183, 8, 741 A.2d 1065, 1067. We are in the same
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