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STATE OF MAINE CUMBERLAND, ss. STATE OF MAINE
V.

JACOB WYSOCKI Defendant

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UNIFIED CRIMINAL DOCKET Docket No. CR-11-6022 J )

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ORDER ON MOTION TO SUPPRESS

This matter came before the court on December 13, 2011 for hearing on Defendant's motion to suppress, dated October 3, 2011. Defendant appeared with his attorney, David Weyrens. Assistant District Attorney Matthew Tice represented the State. Defendant is charged with operating under the influence on September 4, 2011. He seeks suppression of evidence on the ground that he was unconstitutionally stopped by University Police Officer Russell Swan, and on the ground that his Fourth Amendment rights were violated when he was subsequently instructed to exit his vehicle. The pertinent facts are as follows: At approximately 1:00 a.m. on September 4, 2011, Officer Swan was locking up Russell Hall on the University of Southern Maine's Gorham campus. He saw a group of people walking across an adjacent parking lot. They were "yelling and hollering," making a lot of noise. He followed the group on foot as they proceeded across a field hockey field and into another parking lot adjacent to a residence hall. Although vehicles are required to vacate that commuter lot by 11 :00 p.m., one vehicle remained in the lot. Officer Swan observed the group approach that sole vehicle, heard the slamming of car doors, and saw a male, swearing and appearing upset, depart from the group and walk off. The car started up, made a large u-tum so that the vehicle was driving toward Officer Swan, and proceeded toward the parking lot exit. At that time, standing near the exit but not blocking it, Officer Swan, still on foot and wearing a dark uniform with no reflectors, used his flashlight to illuminate his position. Officer Swan testified that his intention in doing so was to advise the driver of his whereabouts so that he would not be hit. He testified that he was not trying to flag the driver down and did not intend that the driver stop. Had the vehicle proceeded out the exit without stopping, he would have made a note of its license plate number. r-:--.o

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Maine Law