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STATE OF MAINE RECEIVED All0FILE? UPEMOR COURT
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KENNEBEC, ss c:,;;I$ CRIMINAL ACTION DOCKET NO. CR-06-739
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STATE OF MAINE

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ORDER ON DEFENDANT'S  
v.  MOTION TO SUPPRESS  
KEVIN GERVAIS,  
Defendant  

The defendant seeks to suppress evidence obtained as a result of the detention of the defendant and statements made by the defendant to Officer Anderson at the police station. The court has considered the testimony and has watched the videotape. See State's Ex. 1. For the following reasons, the motion is granted in part and denied in part. FINDINGS
On 3/26/06 at 1:00 a.m., Waterville Police Officer Lawrence Anderson was monitoring traffic near Pete and Larry's, a bar in Waterville. In his rear view mirror, the officer noticed a Volkswagen traveling through the Elm Plaza parking lot, approximately 70 yards away. The vehicle slowed and stopped completely. The driver leaned out of the driver's side door, which was open. The officer considered this unusual behavior for an operator of a motor vehcle and noted also that the vehcle's right brake light was out. The officer pulled behnd the vehicle and activated hs blue lights.
Later, the officctr placed the operator under arrest and transported him to the police station. The two were in the boolung room for approximately one hour. The operator eventually took a breath test. The officer did not advise the operator of hs Mranda rights. CONCLUSIONS
An officer may detain a citizen only when "'specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion."' State v. Gulick, 2000 ME 170,

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Maine Law