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STATE v. McKEEN

Docket: Aro-08-396.

977 A.2d 382 (2009)

2009 ME 87

STATE of Maine v. Brent L. McKEEN.

Supreme Judicial Court of Maine.

Decided: August 11, 2009.

Attorney(s) appearing for the Case

Neale T. Adams, Dist. Atty., Todd R. Collins, Asst. Dist. Atty. (orally), Caribou, ME, for the State of Maine.

Alan F. Harding, Esq. (orally), Hardings Law Office, Presque Isle, ME, for Brent McKeen.

Zachary L. Heiden, Esq., Maine Civil Liberties Union Foundation, Portland, ME, for amicus curiae Maine Civil Liberties Union Foundation.

Dissent: SILVER, MEAD, and GORMAN, JJ.

CLIFFORD J.

[¶ 1] The State of Maine appeals from the order of the Superior Court (Aroostook County, Hunter, J.) granting Brent L. McKeen's motion to suppress all of the evidence in the operating under the influence case brought against him. Because we agree with the State that the Superior Court erred when it determined that 12 M.R.S. § 10353(2)(G) (2008)1 violates the Fourth Amendment by authorizing game wardens to stop...

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