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91 A.3d 619
N.H.
2014
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Background

  • 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)
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Case Details

Case Name: State of New Hampshire v. Hillman Blesdell-Moore
Court Name: Supreme Court of New Hampshire
Date Published: Apr 15, 2014
Citations: 91 A.3d 619; 166 N.H. 183; 2012-475
Docket Number: 2012-475
Court Abbreviation: N.H.
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    State of New Hampshire v. Hillman Blesdell-Moore, 91 A.3d 619