Legal Question in Administrative Law in Maine

Illegal Seach of Trunk

Hello I am a student at the University of Maine. I was at a gathering over the weekend and when we( me and my two friends ) left at two in the morning we were met with a sheriffs road block.

The first thing my friend (our driver says is,'' i havent been drinking you can breathalize me if you want) and they take us all out of the car and search us. They find a pipe in teh front seats and right me out of internal possession of alcohol by a minor, because they said i smelt like alcohol *NO BREATHALIZER*

Then they try to get consent to seach the trunk and no one gives it, and they try and say they can because of the smell of weed. They ended up taking the keys away from my friend(our driver) and searching the trunk where they found marijuana and two smoking pipes. two pipes were in my backpack with my card to get food on campus and camera , toothbrush , cellphone ect. They are saying I have to call and talk to the deputy but I cant get things back till after the trial!

I want my camera and phone, and anything not being used in the case. They better not look through my camera to,

Was this a legal trunk search? Can they get me for IPOA just for smelling drunk?

Am I entitled to my stuff back?


Asked on 4/21/08, 1:23 am

1 Answer from Attorneys
James Hall Qua, Hall, Harvey & Walsh

Re: Illegal Seach of Trunk

If your evidence doesn't have an physical evidentiary value, you may be able to get your stuff back prior to trial, as the state can just take pictures of them that do not have "feel" value to them.

In regard to the search, I'm sure there are facts that may support both sides, but it does not appear that there was enough to search the trunk unless the police were conducting an inventory search pursuant to an arrest. Such may depend on whether your friend was ultimately arrested. Also, the smell of marijuana within the car, if any, also could change the outcome depending upon all the facts.

You should press your case as far as you can, and hopefully they will dismiss it for community service; however, you may have a triable case depending upon how much you smelled of alcohol.

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Answered on 4/21/08, 10:43 am


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