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State v. Bjorkaryd-Bradbury3/27/2002
Margaretha Bjorkaryd-Bradbury appeals from a judgment of conviction of operating a motor vehicle while under the influence of intoxicants (OUI) in violation of 29-A M.R.S.A. § 2411 (1996) [FN1] entered in the Superior Court (Cumberland County, Delahanty J.) following Bradbury's conditional guilty plea after the denial of her motion to suppress evidence in the District Court (Portland, Horton J.). Bradbury contends that the District Court erred by denying her motion to suppress evidence of her intoxication because the roadblock at which she was stopped violated 29-A M.R.S.A. § 2081(4)(E) (1996 & Supp.2001), which places restrictions on the enforcement of the seatbelt law, and was unconstitutional. We find Bradbury's contentions unpersuasive and affirm the judgment.
FN1. Section 2411(1) states, in pertinent part, the following:
A person commits OUI, which is a Class D crime unless otherwise provided, if that person operates a motor vehicle:
A. While under the influence of intoxicants; or
B. While having a blood-alcohol level of 0.08% or more.
29-A M.R.S.A. § 2411 (1996).
[ 2] Between 3:00 P.M. and 8:30 P.M. on Friday, November 24, 2000, the Scarborough Police Department conducted a roadblock on the Payne Road in Scarborough. Although the Department's log sheets described the roadblock as a "seatbelt roadblock," only one purpose of the roadblock was to check vehicles for seatbelt violations and remind motorists of the importance of complying with Maine's seatbelt law. The officers were checking for any type of motor vehicle or traffic safety violation, such as registration or inspection violations and equipment defects.
[ 3] All vehicles traveling south on the Payne Road were stopped. As each car came to a stop, an officer approached the vehicle and handed the motorist a card that gave a brief explanation on why the Scarborough Police Department was conducting the stop. This exchange took between ten to fifteen seconds. An officer then inspected the vehicle for any defects or expired registration or inspections, and briefly spoke with the driver. The check lasted only a couple of minutes.
[ 4] The officers relied on their prior training and experience with roadblocks in performing the tasks assigned to them. They understood that if, after the stops were made, they developed a reasonable suspicion that the motorist was breaking the law or committing a crime they could take further steps to determine whether to issue a summons or whether probable cause existed to make an arrest.
[ 5] According to the roadblock log, 1,020 vehicles were stopped at the roadblock. Two arrests for operating under the influence were made. Two drug-related summonses, six equipment defect notices, fourteen warnings, five seatbelt violation summonses, and three summonses for expired registrations or inspections were issued.
[ 6] At about 5:00 P.M., Bradbury's vehicle was stopped. She was the only occupant of her vehicle. An officer approached her vehicle, observed that her window was rolled down only a few inches, and decided to detain her further in another area rather than allowing her to pass through the roadblock. [FN2]
FN2. No evidence of what occurred after Bradbury was detained was admitted at the suppression hearing because she only argued that the initial stop was unconstitutional.
*1084 [ 7] Bradbury was subsequently charged with OUI. She filed a motion to suppress arguing that the roadblock was unconstitutional and in violation of 29-A M.R.S.A. § 2081(4)(E). The District Court denied the motion. The case was then transferred to the Superior Court where Bradbury entered a conditional guilty plea. This appeal followed.
[ 8] Bradbury makes the same arguments she made in her motion to suppress. She
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