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STATE v. PIKE5/16/1994
articulable suspicion to believe that criminal activity had occurred, thus justifying the detention, is not clearly erroneous.
Even if this detention was not "brief" and would constitute a "seizure of the person," the detention nevertheless was justified. We have previously stated that a detention of a motorist by a police officer, who is investigating a car stopped at the side of the road, is "a governmental seizure of the person, subject to the exclusionary rule unless shown to be reasonable." LeGassey, 456 A.2d at 367. A finding of "reasonableness" is also subject to the "clearly erroneous" standard of review. See State v. Izzo, 623 A.2d 1277, 1281 (Me. 1993). This "reasonableness" standard is satisfied if the police show that probable cause existed to warrant the detention. See LeGassey, 456 A.2d at 367 n. 4. On the facts of this case, the trial court's finding of "probable cause" to justify the detention was not clearly erroneous.
Regarding the search of Pike's car for the keys, State v. Mehuren, 594 A.2d 1073, 1075 (Me. 1991) states:
An officer may conduct a warrantless search of a vehicle or a
container "when the officers' personal knowledge of facts and
circumstances in combination with any reasonably trustworthy
information conveyed to them would warrant a prudent person to
believe that the [vehicle or] container seized holds either
contraband or evidence of a crime." The record discloses that
when first approaching [defendant's] vehicle the officer
immediately observed signs that [defendant] was intoxicated and
that the vehicle contained alcoholic beverages. Having
established probable cause to believe that [defendant] was
(citations omitted); see also Izzo, 623 A.2d at 1281-82; Bento, 600 A.2d at 1096-97. On the facts of this case, the trial court's finding that the necessary probable cause existed to justify the brief search was not clearly erroneous.
The entry is:
Judgment affirmed.
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