{"id":4949,"date":"2011-04-14T06:50:41","date_gmt":"2010-11-29T07:16:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-29T07:16:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4949","title":{"rendered":"NH: Stop to check on a car on a highway parking spot was without justification and unreasonable"},"content":{"rendered":"

Defendant\u2019s stop in a \u201cpull off area\u201d along a New Hampshire highway in the winter was without justification. The officer parked and walked up and found two men smoking marijuana. This case was decided under the state constitution. State v. Boutin<\/a>, 161 N.H. 139, 13 A.3d 334 (2010):<\/p>\n

\nIn this case, the officer testified that he approached Boutin\u2019s vehicle, \u201c[j]ust to see if everything — if anything was wrong, make sure everything was okay.\u201d He testified that he could not tell if there was an accident, if the vehicle was abandoned or if any occupants may have needed assistance or had health concerns. He also observed that Boutin\u2019s vehicle was pulled off to the side of the road, but facing the wrong way. As in Boyle, while the officer may have had generalized concerns about the vehicle and its potential occupants, he did not describe any specific and articulable facts that justified the intrusion of Boutin\u2019s protected interests. Boutin\u2019s car was parked legally in a pull-off area and the officer did not observe any obvious signs of an accident, that the car was disabled, or that the passengers were in any type of distress. See State v. Burgess<\/a>, 657 A.2d 202, 204 (Vt. 1995). In short, the officer\u2019s concerns amounted to little more than a hunch. While the officer testified that he was concerned in part because it was dark and snow covered the ground, \u201c[w]inters are traditionally long in [New Hampshire], and we cannot adhere to a theory that essentially renders [Part I, Article 19] protections seasonal.\u201d Id.<\/p><\/blockquote>\n

Defendant\u2019s traffic stop led to the officer smelling marijuana in the car. That was probable cause for a search, and Gant did not apply. State v. Dickerson<\/a>, 2010 Ohio 5787, 2010 Ohio App. LEXIS 4869 (8th Dist. November 24, 2010).*<\/p>\n

Trial court\u2019s lack of findings of fact and conclusions of law makes it impossible for the court of criminal appeals to decide the suppression issues. Remanded. State v. Norton<\/a>, 2010 Tenn. Crim. App. LEXIS 1001 (November 24, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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