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State v. Forsyth5/3/2002
Pursuant to 15 M.R.S.A. § 2115-A(1) (Supp.2001), [FN1] the State appeals from an order of the District Court (Skowhegan, Clapp, J.), suppressing evidence of the results of the blood-alcohol level test given to the defendant, Gerald A. Forsyth. [FN2] We agree with the State's contention that the evidence was more than sufficient to establish that there was probable cause to believe that Forsyth was under the influence of intoxicants and for the administration of a blood-alcohol test, and that the District Court erred in concluding otherwise. Accordingly, we vacate that part of the District Court's order suppressing the results of the blood-alcohol test.
FN1. Section 2115-A(1) provides that, appeals may be taken by the State from the District Court, directly to the Law Court, on questions of law in criminal cases "[f]rom an order of the court prior to trial which suppresses any evidence, including, but not limited to, physical or identification evidence." 15 M.R.S.A. § 2115-A(1) (Supp.2001).
FN2. The State obtained the necessary approval of the Attorney General prior to filing this appeal as required by 15 M.R.S.A. § 2115- A(5) (Supp.2001) and M.R.App. P. 21(b).
[ 2] The District Court made the following undisputed findings, which are well supported by the record:
At about 8:30 p.m. on [June] 30, 2000, Gerald Forsyth drove into the United States border checkpoint north of Jackman, Maine as if arriving from Canada. He pulled into the wrong side of the checkpoint and was advised by Federal INS officer [Roy] Williams that he must back up and drive his vehicle into the checkpoint on the other (southbound) side. Instead, he backed his car up [into] an annex parking lot and shut off the vehicle's lights. He remained there for [a] while and eventually put the lights back on and, once again, drove it into the wrong entry side. He was again instructed to back up and enter on the appropriate side. He then did this. The greeting Customs Officer, [Lori] Poulin, noticed a smell of alcohol on Mr. Forsyth's breath and observed him to be disorientated. Mr. Forsyth appeared to not know that he had been in Canada. He advised the officer that he had been drinking from a pint sized bottle of whiskey which he said he had purchased earlier in the day in New Hampshire. The officer had Mr. Forsyth exit the vehicle and the car was searched. The officer confiscated that partly empty whiskey bottle and several firearms, one loaded.... [This] information was relayed to Officer Darryl Peary of the Maine State Police who Officer Williams called to report suspected OUI and firearm violations. This call was made [at] about 9:00 P.M. and Officer Peary, then on patrol many miles away, arrived at the checkpoint approximately two hours later. In the interim, the federal officers, both armed and in uniform, detained Mr. Forsyth in their presence in the lobby of this remote checkpoint.... Mr. Forsyth was still dutifully sitting where he had been instructed to sit in the lobby when Officer Peary arrived shortly before 11:00 P.M. Officer Peary initially conferred with Officer Williams and learned the details of the officers' observations and accepted possession of the items confiscated by them .... Officer Peary then approached Mr. Forsyth with the intention to investigate the OUI *68 and firearms violations referred to him [by] the federal officers.
Initial investigatory questioning of Mr. Forsyth informed Officer Peary that the Defendant had been traveling that day from Connecticut to a friend's home in Solon, Maine. The officer observed that Mr. Forsyth appeared disoriented and did not know how he came to be at the border checkpoint. He informed the officer that he had relatives in Calais, Maine. He smelled of alcohol consumption and had red and g
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