State v. Gardner

GLASSMAN, Justice.

The State appeals from an order of the Superior Court (Oxford County) granting the defendant Michael Gardner’s motion to suppress statements claimed to have been taken from him in violation of the fifth amendment of the United States Constitution. The State contends that the suppression justice’s reliance on the definition of custody recently articulated in State v. Thibodeau, 496 A.2d 635, 638 (Me.1985), cert. denied, — U.S. -, 106 S.Ct. 1799, 90 L.Ed.2d 343 (1986), was misplaced. Because we agree, we vacate the order.

At the hearing on Gardner’s motion to suppress, Corporal…