Hatfield v. Commissioner of Inland Fisheries and Wildlife

• Decision Date: 28 November 1989
• Citation: 566 A.2d 737
• Parties: Daniel and Jarlene HATFIELD, et al. v. COMMISSIONER OF INLAND FISHERIES AND WILDLIFE and Commissioner of Public Safety, et al.
• Court: Maine Supreme Court

Page 737

566 A.2d 737

Daniel and Jarlene HATFIELD, et al. v. COMMISSIONER OF INLAND FISHERIES AND WILDLIFE and Commissioner of Public Safety, et al.

Supreme Judicial Court of Maine.

Argued Oct. 4, 1989.

Decided Nov. 28, 1989.

Richard L. O'Meara (orally), Murray, Plumb & Murray, Robert E. Mittel, M.C.L.U., Portland, for plaintiffs.

James E. Tierney, Atty. Gen., Cabanne Howard (orally), Deputy Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.

COLLINS, Justice.

A plaintiff class composed of people who canoe upon the Saco River brought a class action before the Superior Court of Kennebec County (Alexander, J.) challenging the constitutionality of a "riverblock" operation that was conducted jointly by the Department of Public Safety and the Department of Inland Fisheries and Wildlife on the banks of the Saco River on three weekend days in mid-1988. The officers at the riverblock operation stopped and questioned all canoeists on the Saco River without either probable cause or a reasonable and articulable suspicion that any individual canoeist was involved in criminal activity. In addition to this initial seizure and detention, some canoeists were subjected to intrusive searches of their persons or effects. In a declaratory judgment, the Superior Court held that the riverblock operation as conducted violated the Fourth Amendment of the Constitution of the United States and Article I section 5 of the Constitution of the State of Maine. We affirm.

The Superior Court justice made extensive findings of fact in this case, which were, for all intents and purposes, undisputed by the State Defendants. State troopers and liquor inspectors of the Department of Public Safety and game wardens of the Department of Inland Fisheries and Wildlife ("State Defendants") jointly conducted a riverblock/checkpoint stop and search operation on the banks of the Saco River on May 28, June 18, and July 16, 1988. The goal of the riverblock program was to deter raucous and illegal conduct engaged in by some canoeists through a show of force and a law enforcement presence on the river during the day on selected weekends when large numbers of canoeists were anticipated.

Each checkpoint involved between six and ten law enforcement officers and one or two police dogs stationed at temporarily fixed sites on the riverbank east of the Route 5 bridge. All of the officers were armed, and the officers had the use of a privately-owned motorized airboat on each occasion. The police dogs, one of which was trained in narcotics detection, were sometimes allowed to roam freely in and near the shallow water at the edge of the river, often walking between and among the canoes being detained, and sniffing the canoes and canoeists present at the site.

There was no policy, written or otherwise, developed by supervisory officers within the Warden Service, or the Department of Public Safety to govern the procedures to be used by the officers on duty at the Saco River Checkpoints. Nor did the officers on duty receive any instructions or orders from their supervisory officers regarding the procedures to be followed. Nevertheless, a routine procedure developed.

The riverblock operations stopped all persons canoeing down the Saco River at the fixed checkpoint and detained the canoeists for periods ranging from a few minutes to 10 to 15 minutes or more to determine whether there were any safety violations apparent and whether there was any evidence of illegal activity with regard to alcohol and drugs. Approximately 1,000 to 2,000 canoes were stopped on each of the three dates. Generally the canoes held two persons, so as many as 4000 persons may have been subject to any one checkpoint operation. There was no advanced notice to the public of the riverblock operation. Canoeists typically had no warning of the checkpoint until they observed the officers on the riverbank several yards ahead. It was impossible for canoeists to avoid the checkpoints unless they abandoned their trip or stopped to camp upstream of the checkpoints.

Although the officers generally stopped all canoes travelling down the Saco River, during certain times when the backup of detained canoes became unmanageable some canoes were allowed to bypass the checkpoint by simply displaying their personal flotation devices.

Upon being stopped, canoeists were asked to display their personal flotation devices and any applicable fishing licenses to the officers. It was routine procedure for the officers then to inquire of all canoeists whether they had any illegal narcotics or other drugs in their possession and to give all canoeists an opportunity to surrender any illegal narcotics or other drugs. Some officers informed canoeists that they would not be prosecuted if they voluntarily surrendered any contraband, but would be placed under immediate arrest if they did not voluntarily surrender any illegal contraband and such contraband was discovered in the course of a subsequent search. It was also routine procedure for the officers to inquire of all canoeists whether they had any alcohol aboard their canoes, and if so to identify the state in which they purchased such alcohol. The canoes and containers in the canoes of any canoeist who admitted to having out-of-state alcohol but who was uncertain of the amount were searched.

Between 20 and 50 violations of law were identified on each checkpoint day, with the most prevalent violations being insufficient life jackets, 12 M.R.S.A. § 7801(16)(A) (1981), importation of too much beer, 28-A M.R.S.A. § 2077 (1988), fishing without a license, and possession of marijuana--a civil violation. An occasional charge involved ...