State v. Bell, 58 A.3d 665

Dover Police investigated a noise complaint at an apartment and were granted entry after the occupant invited them in.
The defendant appeared confused, disoriented, sweating, and had slurred speech while speaking with officers about identifying information.
After obtaining the defendant's identification, the officer observed a clear plastic bag on the defendant containing irregular pink pills not resembling common medication.
The pills were shaped like Hello Kitty, which the officer recognized from training as consistent with ecstasy, leading to an arrest for possession.
The defendant moved to suppress the evidence, the trial court denied the motion, and the Superior Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there a lawful seizure based on reasonable suspicion?	Bell contends the stop was unlawful under state and federal law.	Bell argues there was no continuing reasonable suspicion after the music stopped.	Yes; limited seizure justified by reasonable suspicion of disorderly conduct.
Was the bag/seizure under plain view lawful?	Bell contends the seizure was not justified until after further manipulation.	Bell argues the officer lacked probable cause at the time of seizure.	Yes; initial intrusion lawful and probable cause supported seizure under plain view.

State v. Richter, 145 N.H. 640 (2000) (reasonable suspicion standard for investigatory stops)
State v. Michelson, 160 N.H. 270 (2010) (permissible questions to confirm identity during detention)
State v. Parker, 127 N.H. 525 (1985) (scope of on-scene questioning during stops)
Berkemer v. McCarty, 468 U.S. 420 (1984) (reasonable suspicion justifies temporary seizure for questioning)
State v. McKinnon-Andrews, 151 N.H. 19 (2004) (three-part test for scope of stop questions)
State v. Davis, 149 N.H. 698 (2003) (plain view doctrine prerequisites)
State v. Nieves, 160 N.H. 245 (2010) (plain view and drug evidence not require inadvertence)
Ball v. State, 124 N.H. 226 (1983) (protective scope of NH constitutional analysis)
United States v. Corral, 970 F.2d 719 (10th Cir. 1992) (federal perspective on plain view in narcotics cases)
Florida v. Royer, 460 U.S. 491 (1983) (limits of reasonable suspicion and temporary detention)
Davis v. Nieves, 149 N.H. 698 (2003) (plain view doctrine prerequisites)