State v. Inman

• Citation: 301 A.2d 348
• Parties: STATE of Maine v. Robert P. INMAN.
• Decision Date: 13 March 1973
• Court: Supreme Judicial Court of Maine (US)

Page 348

301 A.2d 348

STATE of Maine v. Robert P. INMAN.

Supreme Judicial Court of Maine.

March 13, 1973.

Malcolm L. Lyons, Asst. Atty. Gen., Augusta, Peter W. Culley, Asst. Atty. Gen., for plaintiff.

Stern & Stern, by Marshall A. Stern, Bangor, for defendant.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.

POMEROY, Justice.

By using the technique authorized by Rule 37A(a), Maine Rules of Criminal Procedure, this motion to suppress evidence is before us without any decision thereon having been made by the Justice below.

The agreed statement manifests that movant Robert P. Inman has been charged with unlawful homicide under such circumstances as to constitute murder, by indictment returned by the Grand Jury for Penobscot County in September, 1971.

Earlier, on august 30, 1971, while the matter was pending in the Superior Court after probable cause had been found against the defendant in the District Court, the defendant filed a motion to suppress '12 head hairs and 2 palm prints (one print each hand)' alleged to have been improperly and unlawfully obtained by the State and to enjoin the State from presenting or using the 12 head hairs or any of them or the 2 palm prints or either of them as evidence either before the Grand Jury or in any other proceeding.

We are here concerned only with the question whether or not the evidence may be used in a trial which may result from the indictment returned by the Grand Jury.

The movant bottoms his claim that the evidence came into the hands of the State in contravention of his constitutional rights on the conclusion he would have us draw from these agreed facts: The semi-nude beaten, lifeless body of Chalotte Dunn was found at 10 a. m. June 1, 1971, in her apartment in Bangor, Maine. An autopsy revealed that she died by violent means (a fact which whould have been obvious from mere observation as she had sustained severe bruises, hemorrhages and numerous fractures.)

Investigation by State Police Detectives and Technicians from the State Bureau of Identification disclosed the existence of a latent palm print impression on the floor of her apartment adjacent to Miss Dunn's body. This palm impression was photographed and 'lifted' by personnel of the State Bureau of Identification. At the same time it was discovered there was what appeared to be a dark hair clutched between the lifeles Miss Dunn's thumb and forefinger.

On the next day, June 2, 1971, the defendant was questioned, in the words of the agreed statement 'as a suspect regarding the crime.' While he was not arrested on that day, he continued to be a suspect in the crime of unlawfully killing Miss Dunn.

On June 26, 1971, a member of the Maine State Police followed the defendant in his car from his home in Holden until, upon reaching State Street, in Brewer, he was arrested and charged with the crime of speeding. Immediately thereafter he was taken to the Bangor Police Department where his palm prints were recorded by a Detective of the Maine State Police Department.

On July 1, 1971, the defendant entered a plea of not guilty to the charge of speeding and after trial was convicted, sentenced to pay a fine of $15.00 and did pay such fine. In the meantime the palm prints which had been taken at the Bangor Police Station remained in the custody of the State Police. The right palm print, when compared by one who professed to be an expert in dactylography, was found to be identical to the latent palm print impression found adjacent to the body of Charlotte Dunn.

On July 20, 1971, Dale Ames, a Detective in the Maine State Police Department, sought a search warrant from a Judge of the District Court in Bangor. A search warrant was issued authorizing a search of the person of Robert P. Inman to obtain 'the prints of the palms of the hands of one Robert P. Inman and 12 hairs from the scalp of said Robert P. Inman; that said property is non-testimonial evidence which will aid in the conviction for murder of Charlotte Dunn of Gangor, Maine.'

The affidavit in support of the search warrant consisted of six typewritten pages. As the basis for probable cause for believing there was non-testimonial evidence which would aid in the conviction of Robert Inman, the affidavit recited the facts surounding the discovery of the semi-nude lifeless body of Charlotte Dunn.

Of some significance is the recitation that the affiant observed Miss Dunn's nighgown and robe had been ripped open from the front, exposing the entire front portion of her body, and the clothing was wrapped around the victim's shoulders; that the pathologist had determined the cause of death was asphyxia secondary to strangulation; that a nemed witness had stated to affiant that he occupied an apartment adjacent to Miss Dunn's and that at 11:55 p. m., May 31, 1971, he was awakened by screams and heard a woman shout, 'Don't hit me again, don't hit me again;' that he heard muffled moaning sounds for approximately five minutes thereafter; that Robert Inman is a former tenant of the apartment house in which Miss Dunn resided and that during that time Miss Dunn collected rents from the tenants; that Inman is presently under indictment in Penobscot County for the crime of burglary, the victim of which is a 74-year old woman living in Holden, Maine. This victim had told the affiant that on September 17, 1970, a white male about 25 years old, approximately 6 feet tall, who weighed about 175 pounds, had long brown hair, broke into her home in Holden; that he beat her and attempted to sexually molest her.

The affiant then stated that from his personal observation Robert P. Inman fit the description given him by the burglary victim; that 2 women who lived in the trailer park in which Inman lived, had given a statement to the State Police Officer which statement was in the State Police files, reciting that both knew Robert P. Inman and that on the evening of Sept. 17, 1970, while enroute to their home they observed a vehicle fitting the description of Inman's vehicle, which passed them on the highway. Later they observed the car unoccupied in the vicinity of the burglary victim's home and that Inman was not seen by them on the highway at any time between the point where they saw his automobile and their arrival at the trailer park where both he and they lived.

The affidavit continued that when Inman was interviewed by a State Trooper on September 24, 1970, Inman stated that he had stopped his vehicle on the evening of September 17th in the vicinity described by the women but that he did so because the indicator light had warned him the motor was hot. He claimed he left the car where it was and walked home; that Inman was convicted of breaking, entering and larceny in the nighttime in 1961, and that he was convicted of indecent exposure in the Bangor Municipal Court in 1963.

During the course of the interview with Inman following the burglary of September 17, 1970, the interrogating officer noticed several healing wounds 'on the backs of the hands of Robert Inman.' When Inman was interviewed on June 1, 1971, by a Detective of the Maine State Police in the Bangor Police Department in connection with the homicide of Miss Dunn, the Detective noticed scratches on the back of Inman's hands and noticed scratches on his neck and face and abrasions on the elbows. At that time Inman said he did not know where the abrasions on his elbows and the scratches on his face came from, but the scratches on his hands were received when he was erecting a fence at his home; Inman also told the interviewer that he had been at his home from 5:00 p. m. on May 31, 1971, until he left for work on the morning of June 1st; that a named witness had told the State Police Detective that he was in the Oasis Bar on State Street, Bangor, on the evening of May 31, 1971, at approximately 10 p. m., playing pool with Inman; that the witness noticed that Inman was wearing a short-sleeved shirt and there were no scratches on his hands or arms at that time. The witness stated he took Inman home at approximately 11 p. m. on the evening of May 31st; that the affiant interviewed Inman's wife on June 8, 1971, and that she stated her husband left home at approximately 5 p. m. in the afternoon and did not arrive home again until approximately 10:30. She said she had gone to bed and that her husband came to bed at approximately 11 p. m.; that she stayed awake for about 15 minutes and thereafter remained asleep, and that the next day her husband pointed out some scratches on his arms, neck and face and that she recalled seeing only one of these marks previous to June 1st, that mark being a gouge caused while he was putting up a fence on May 30, 1971. Mrs. Inman also told the affiant that it was a 25 minute trip by car from the Inman home to Bangor.

The sufficiency of the allegations in the affidavit to constitute 'probable cause' is assailed by this motion to suppress.

As the motion is reported to us, the issues are:

1. Are the palm prints of Robert P. Inman taken after the arrest for speeding on June 26, 1971, admissible?

2. Are the palm prints of Robert P. Inman taken pursuant to the search warrant of July 20, 1971, admissible?

3. Are the palm prints taken pursuant to the arrest of Robert P. Inman on the charge of murder of Charlotte Dunn admissible?

On the occasion the palm prints were taken in the Police Station in Bangor, following the speeding arrest, the police purported to act pursuant to 25 M.R.S.A. 1542 which provides:

'The State Police . . . shall have the authority to take or cause to be taken, and shall take or cause to be taken, the fingerprints or photographs or both the fingerprints and photographs of any person in custody charged with the commission of crime . . ..'

We hold that the taking of Inman's palm print subsequent to his arrest for speeding was authorized by this statute.

At no point during the enactment or amendment of the 'fingerprint statute...