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State v. Brann7/19/1999
Submitted on Briefs: June 17, 1999
Christopher Brann appeals from a judgment of conviction of operating under the influence entered on a conditional guilty plea in the Superior Court (Kennebec County, Studstrup, J.). On appeal, Brann contends that the District Court (Augusta, Perry, J.) erred in denying his motion to suppress. Because we agree with Brann that a statement he made to the police before a Miranda warning was administered should have been suppressed, we vacate the judgment.
At the suppression hearing, Officer Marcus Niedner of the Hallowell Police Department testified as follows: On May 15, 1997, he was called to the scene of a one-car accident. He found a car that apparently had gone through a stop sign and wound up on an embankment. There was significant damage, at least $1000 worth, to the car and the torn-up lawn on the embankment. A woman came out from one of the adjacent buildings and told Niedner, "the driver just ran around the back of my house." He and another officer went behind the house and saw a man running. Niedner told the man to stop; he did, and Niedner placed him face-down on the ground and handcuffed him. The suspect's face was bleeding and he smelled of alcohol. Niedner recognized him as Christopher Brann, with whom Niedner had gone to high school.
Niedner took Brann back to his cruiser at the scene of the accident. Niedner told Brann he was under arrest, but he could not recall at what point he did so. Brann refused medical treatment at the scene. Niedner did not perform field sobriety tests because Brann was having a hard time standing up, was very confused, and was bleeding. Because Brann was bleeding from the mouth, Niedner concluded he could not administer an intoxilyzer test, and so he decided to bring Brann to the Kennebec Valley Medical Center for a blood test and for medical "clearance" so he could be brought to jail. At some point, apparently before they arrived at the hospital and probably while they were still at the scene, Niedner "asked Mr. Brann who was driving. He stated he was the driver of the vehicle." Niedner did not give Brann a Miranda warning until they were at the hospital.
At the hospital, Niedner asked Brann if he would be willing to take a blood test, and Brann said he would. While the nurse was drawing Brann's blood, or immediately after, Niedner read him the implied consent notice detailing the consequences of his refusal to submit to the test. Niedner explained, "I was actually supposed to read it to you before, but you'd already said no problem takin' the test, so I'm readin' it to you now." After Niedner gave him the Miranda warning, Brann refused to answer any questions and asked to speak to an attorney.
Brann was charged by complaint with OUI while having a blood-alcohol level of 0.15% or more, 29-A M.R.S.A. § 2411(1), (5)(A)(3)(a)(i) (1996). He filed a motion to suppress, which the District Court denied. The case was transferred to Superior Court, as Brann had demanded a jury trial. Brann entered a conditional guilty plea pursuant to M.R. Crim. P. 11(a)(2) and the court entered judgment accordingly.
I. PROBABLE CAUSE TO ARREST
Brann argues that the trial court erred in concluding that Officer Niedner had probable cause to arrest him. We independently review the trial court's legal Conclusion that undisputed historical facts amounted to probable cause. See State v. Cilley, 1998 ME 34, § 10, 707 A.2d 79, 83. The court found that when Niedner stopped Brann and handcuffed him, he did not know that Brann was under the influence, but still possessed probable cause to believe Brann had committed the crimes of driving to endanger, 29-A M.R.S.A. § 2413(1)
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