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STATE OF MAINE KENNEBEC, ss
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SUPERIOR COURT CRIMINAL ACTION DOCKET NO. CR-Ot-3f1 N M ~ h 5 IV - l:2jrxl/ d-ffJ7

STATE OF MAINE
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ORDER
DONALD l. GARB RECHT
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ROBERT FILION, Defendant

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The findings of fact made on the record at the close of the hearing are incorporated into this order by reference. The facts in this case differ from those in Tullous and Missouri, on which the defendant relies. See State v. Tullous, 692 N.W.2d 790, 790-791 (S.D. 2005); State v. Missouri, 603 S.E.2d 594, 594-596 (S.c. 2004). The defendant has failed to meet his burden that he had a reasonable expectation of privacy at Ms. Rines's horne. See

Minnesota v. Carter, 525 U.s. 83, 88 (1998); see also u.s. v. Battle, 400 F. Supp. 2d. 355, 358 (D. Mass. 2005). The defendant is charged with trafficking in schedule W drugs. Unless the State is relying on possession to prove trafficking, the defendant has no standing to challenge the search. See 17-A M.R.S.A.

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Maine Law