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State v. Mercier
66 A.3d 1242
N.H.
2013
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Mercier
Court Name: Supreme Court of New Hampshire
Date Published: May 14, 2013
Citation: 66 A.3d 1242
Docket Number: No. 2012-353
Court Abbreviation: N.H.