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STATE v. CLOUTIER6/21/1996
onary rule is to deter unlawful
police conduct rather than to insulate the accused from
investigation
Ann Marie C., 407 A.2d at 723 (citations omitted). In my view, the court's decision excluding evidence gathered from the second stop applies the exclusionary rule in a mechanical way so as to insulate Cloutier from the consequences of her new criminal conduct that occurred after the first stop. See State v. Boilard, 488 A.2d 1380, 1386-87 (Me. 1985). It also disregards the officer's observation of Cloutier's operation of the vehicle without the use of headlights.
I would vacate the DistrictsCourt's order and remand for entry of an order denying the motion to suppress.
CLIFFORD, Justice, with whom DANA and LIPEZ, Justices, join, dissenting.
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