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STATE v. GLOVER

Docket No. Oxf-12-373.

89 A.3d 1077 (2014)

2014 ME 49

STATE of Maine v. Spencer T. GLOVER.

Supreme Judicial Court of Maine.

Decided: March 27, 2014.

Attorney(s) appearing for the Case

James A. Billings, Esq. (orally), and Walter F. McKee, Esq. , McKee, Billings, LLC, P.A. Augusta, on the briefs, for appellant Spencer Glover.

Norman R. Croteau , District Attorney, and Joseph M. O'Connor , Asst. Dist. Atty. (orally), Office of the District Attorney, South Paris, on the briefs, for appellee State of Maine.

Jamesa J. Drake, Esq. Maine Association of Criminal Defense Lawyers, Freeport, on the briefs, for amicus curiae Maine Association of Criminal Defense Lawyers.

Adam Lamparello, Esq., and Charles MacLean, Esq., Indiana Tech Law School, Fort Wayne, IN, on the briefs, pro se amici curiae.

Panel: SAUFLEY, C.J., and LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

SILVER, J.

[¶ 1] Spencer T. Glover appeals his conviction in the trial court (Clifford, J.) of one count of gross sexual assault, Class B, 17-A M.R.S. § 253(2)(D) (2013). Glover argues that his pre-arrest refusal to voluntarily submit to a warrantless collection of a DNA sample is privileged under both the Maine Constitution and the Fourth Amendment of the United States Constitution. He contends that the trial court committed obvious error by permitting...

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