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STATE v. MEHUREN7/10/1991
not clearly discernible for a
distance of 500 feet ahead. . . .
29 M.R.S.A. § 1366 (1978 & Supp. 1990) (emphasis added).
The officer testified that sunset that evening was "around 8:25," he first observed Mehuren's car at 8:55, the road where the stop occurred had no street lights, and the headlights of other cars on the road were illuminated. The officer properly believed that Mehuren was violating the provisions of the statute by driving his vehicle with unilluminated headlights during the period of time from one-half hour after sunset to one-half hour before sunrise. We find no error in the court's determination that the officer's stop of Mehuren's vehicle was based on a reasonable articulable suspicion.
Mehuren also contends that the court erred in its determination that the arresting officer had probable cause to conduct a warrantless search of either his vehicle or the closed vials in the kit. We disagree. 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." State v. Tarantino, 587 A.2d 1095, 1098 (Me. 1991) (citing State v. Snow, 527 A.2d 750, 753 (Me. 1987). The record discloses that when first approaching Mehuren's vehicle the officer immediately observed signs that Mehuren was intoxicated and that the vehicle contained alcoholic beverages. Having established probable cause to believe that Mehuren was
Because we hold the trial court properly found that the officer had an articulable suspicion for the stop of Mehuren's car and probable cause for the ensuing search, we find no merit in Mehuren's contentions that his voluntary incriminating statements resulted from an illegal stop and search and that the trial court erred in denying his motion to suppress the statements.
The entry is:
Judgments affirmed.
All concurring.
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