State of Maine v. Spencer T. Glover

[¶ 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 the State to introduce evidence of his refusal and to argue to the jury that it could infer consciousness of guilt from the refusal. 1 Because we…