State v. Mercier
66 A.3d 1242
N.H.2013Background
- On February 7, 2011, Trooper Ross stopped a pickup driven by Mercier at a toll plaza due to a rear window damaged and duct-taped.
- Photographs showed the rear window divided into three panels, with the right panel shattered and taped in an X shape.
- The stop culminated in Mercier’s arrest for disobeying a police officer and driving while a habitual offender; probation violation found later.
- Mercier moved to suppress the evidence; the Superior Court denied the motion.
- The trial court’s suppression ruling rested on whether the stop violated RSA 266:58 and related safety glass requirements.
- The Supreme Court reversed and remanded, adopting a state-constitutional approach and declining to reach federal grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion under RSA 266:58 | State argued the truck lacked safety glass, creating suspicion of a statute violation. | Mercier contends the vehicle is equipped with safety glass; condition does not negate presence. | No reasonable suspicion; stop invalid. |
Key Cases Cited
- State v. Ball, 124 N.H. 226 (1983) (state constitutional framework; deference to trial findings for factual questions)
- State v. DiMaggio, 163 N.H. 497 (2012) (statutory interpretation is a question of law reviewed de novo)
- State v. Sharkey, 155 N.H. 638 (2007) (state-analysis suffices when state ground governs)
- State v. Pessetto, 160 N.H. 813 (2010) (limits on expanding statutory terms; avoid adding words legislature did not include)
- Longcore, 623 N.W.2d 201 (Wis. Ct. App. 2000) ( cautions against treating damaged safety glass as per se violation)
