198 A.3d 257
N.H.2018Background
- On June 30, 2016, a state trooper stopped a vehicle driven by Sean Stacey for speeding; the vehicle was borrowed and Stacey was the sole occupant.
- Trooper smelled marijuana, observed nervous behavior, and saw a wad of cash in Stacey’s wallet; trooper sought consent to search but Stacey refused and asked for a warrant.
- Stacey was given a courtesy transport; the vehicle was seized and secured at the barracks pending a warrant.
- The trooper signed the affidavit on July 3 (a Sunday/holiday weekend) but did not present the application to a judge until July 5; the vehicle was detained for about five days before the warrant issued.
- Stacey moved to suppress evidence on grounds that the five-day delay converted an initially lawful seizure into an unreasonable one under the State and Federal Constitutions; the trial court denied the motion and the Supreme Court of New Hampshire affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a five-day delay between a probable-cause seizure of a vehicle and obtaining a warrant rendered the seizure unreasonable under the New Hampshire Constitution | State: seizure was supported by probable cause; temporary detention is permissible while police diligently obtain a warrant | Stacey: five-day delay (including a holiday weekend) was not diligent and made an otherwise lawful seizure unreasonable | The court upheld the seizure: five-day delay was not so long as to be unreasonable given probable cause, diminished possessory interest (borrowed car), lack of owner/possessor objection, and holiday-weekend timing; police acted with sufficient diligence |
| Whether the Federal Constitution provides greater protection than the State Constitution here | N/A (State relied on analogous federal precedents to support its position) | Stacey: delay also violated Fourth Amendment protections | Court held Federal Constitution afforded no greater protection in this context and reached same result—no constitutional violation |
Key Cases Cited
- Segura v. United States, 468 U.S. 796 (1974) (seizures reasonable at inception may become unreasonable if duration is excessive)
- United States v. Place, 462 U.S. 696 (1983) (balancing intrusion on possessory interests against governmental interests for temporary seizures)
- Illinois v. McArthur, 531 U.S. 326 (2001) (temporary seizure permissible to prevent destruction of evidence while police obtain a warrant)
- United States v. Johns, 469 U.S. 478 (1985) (three-day delay between seizure and warrant-supported search of vehicle packages did not render seizure unreasonable where possessory claims were not asserted)
- United States v. Mitchell, 565 F.3d 1347 (11th Cir. 2009) (three-week detention of computer hard drive found unreasonable because it significantly interfered with possessory and privacy interests)