91 A.3d 619
N.H.2014Background
- Officer stops defendant’s truck for defective tail lights; taillights fixed after stop; no impairment observed.
- Officer notes defendant’s bloodshot eyes and trembling hands; defendant cooperates and exits vehicle to fix lights.
- Officer observes green coating on tongue; suspects marijuana use; asks about marijuana and permits a pat-down.
- Defendant provides money after pat-down; conversation briefly interrupted by a call with father; officer later lets defendant go.
- Officer later asks about marijuana again and asks about canine unit; defendant confesses to possession of marijuana and mushrooms.
- Defendant files four suppression motions; tongue-film suppression granted; other motions denied; appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was tongue inspection within lawful stop scope? | Blesdell-Moore | Blesdell-Moore | Tongue inspection unlawfully expanded stop |
| Did the taint from the unlawful stop render later evidence inadmissible as fruit of the poisonous tree? | State | Blesdell-Moore | Exclusionary rule bars all post-expansion evidence; reversed |
Key Cases Cited
- State v. McKinnon-Andrews, 151 N.H. 19 (2004) (scope of stop and questioning test)
- State v. Wong, 138 N.H. 56 (1993) (stop scope must be limited to purpose)
- State v. Hight, 146 N.H. 746 (2001) (reasonable suspicion required for further investigation)
- State v. Michelson, 160 N.H. 270 (2010) (determinant of stop’s duration and scope)
- State v. Joyce, 159 N.H. 440 (2009) (innocent factors must show concrete suspicion)
- State v. Livingston, 153 N.H. 399 (2006) (odor of marijuana as factor in stop expansion)
- State v. Ball, 124 N.H. 226 (1983) (state constitution exclusionary rule)
- State v. McGurk, 157 N.H. 765 (2008) (fruit of the poisonous tree application factors)
- State v. Panarello, 157 N.H. 204 (2008) (purpose and taint analysis in suppression)
- State v. De La Cruz, 158 N.H. 564 (2009) (taint purge exception framework)
