State v. Chaloux

546 A.2d 1081, 130 N.H. 809, 1988 N.H. LEXIS 75
CourtSupreme Court of New Hampshire
DecidedAugust 10, 1988
DocketNo. 87-175
StatusPublished
Cited by4 cases

This text of 546 A.2d 1081 (State v. Chaloux) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chaloux, 546 A.2d 1081, 130 N.H. 809, 1988 N.H. LEXIS 75 (N.H. 1988).

Opinion

Souter, J.

Having been found guilty in the Superior Court (Pappagianis, J.), the defendant in this robbery case appeals the denial of his motion to suppress evidence as fruit of an unlawful arrest. We affirm.

On the evening of November 25, 1985, Edward Dionne was traveling on foot down Cohas Avenue in Manchester, en route from Haywood Street to Bodwell Road, when a grey Chevrolet pick-up truck drove up to him. Someone in the truck asked if he had any cigarettes. He did have, and as he gave some to the truck’s three occupants he observed that they were all young men with light hair and slim builds. The truck drove off, only to return a few moments later. This time, the two passengers jumped out and attacked Dionne, striking his face and taking his wallet containing two twenty-dollar bills, credit cards and a plastic holder for photographs. Dionne saw the assailants reenter the truck as it drove away.

Dionne got to his house within five or ten minutes and immediately reported to the police that he had been robbed by three men, who had driven away from the scene on Cohas Avenue in a grey Chevrolet pick-up truck headed toward Bodwell Road. He mentioned that one of the assailants had a mustache. The police dispatcher directed Officer Daniel Guerin to interview Dionne and to be on the look-out for a grey Chevrolet pick-up truck with three occupants in the area the victim described. About three minutes later, on the way to Dionne’s house, Guerin saw such a truck coming from the direction of Bodwell Road and pulled it over. One of the passengers was the defendant. Soon thereafter, the dispatcher advised Guerin that the truck might be carrying a ladder and that one of the robbers had a mustache. There was a ladder on the truck Guerin had pulled over, and he noted that one of the passengers, and perhaps the driver, had a mustache.

None of the occupants could produce any identification. The driver told Guerin his name was David Town, but when Guerin went to the other side of the truck and asked one of the passengers who the driver was, the passenger said he was David Trudeau. Guerin’s radio request to the dispatcher for a license check on David Town prompted a response from Officer Edward Kelley, who said he knew Town and gave a physical description that failed to fit the driver of the truck.

In the meantime, four more police cruisers were on their way to the scene. When the first reinforcements arrived, the occupants of the truck were asked to step out in order to speak with the police. After Kelley arrived and looked at the driver, he told Guerin that [811]*811the driver was not Town. Guerin later testified that he arrested the driver at that point, on a charge of giving false information to a police officer. See RSA 265:4. Kelley then went to one of the cruisers with the driver, who finally gave his surname as Laflamme and told Kelley that his two passengers had committed the robbery.

During this time, Guerin and Officer Bruce Smith searched the passenger compartment of the truck, on the floor of which they found a picture holder from a wallet and, under the seat, a twenty-dollar bill. After the police dispatcher advised that a wallet had been taken in the robbery, the officers gave Miranda warnings to the passengers and questioned them about the picture holder. Each denied owning it.

When Kelley returned to the other officers, he told Guerin that Laflamme had accused the two passengers, whereupon Guerin formally arrested them. At the police station, the police found a crumpled twenty-dollar bill protruding from one of the defendant’s pockets and noticed scratches on his knuckles and blood on his hands. After receiving a second Miranda warning, the defendant spoke with the police. He denied knowing about the robbery and claimed an alibi, and added he “would take care of the informant” who had accused him.

Prior to trial, the defendant moved on both State and federal grounds to suppress the evidence taken from the truck and from his person, as well as the observations of the police officers and his own statement, all as the fruit of an unlawful arrest, which he claimed to have occurred when the three men were ordered to leave the truck. Accepting the defendant’s claim, arguendo, that the arrest had occurred at that point, the trial court held the arrest lawful and denied the motion. We hold that the court was entitled to reach this conclusion, and we also approve the State’s alternative analysis in support of the trial court’s ruling.

A few words are in order, first, about the scope of the issues raised. The defendant contends that he was arrested at the moment he was ordered to leave the truck along with its two other occupants, and he argues that the arrest at that point was unsupported by probable cause. Because he tacitly assumes that all of the evidence in question was obtained as the result of his arrest, it follows for him, without further argument, that all such evidence is subject to suppression as fruit of the poisonous tree. See Wong Sun v. United States, 371 U.S. 471, 485 (1963); State v. Chaisson, 125 N.H. 810, 814-15, 486 A.2d 297, 301 (1984); State v. Tapply, 124 N.H. 318, 325, 470 A.2d 900, 905 (1983). If, however, we should conclude that the defendant was validly arrested at that point, he [812]*812raises no challenge based on the scope of the searches or of the interrogation, or on any other ground.

We should also note at the outset that although the defendant has invoked both State and federal constitutional provisions in challenging the lawfulness of the arrest, U.S. Const. amend. IV; N.H. Const. pt. I, art. 19, his brief makes no separate references to State and federal grounds. See In re N.H. Disabilities Rights Center, Inc., 130 N.H. 328, 334, 541 A.2d 208, 212 (1988). His failure to do so is not significant, however, since there is no prior case law distinguishing the nature and extent of the State standard from its federal counterpart, and the record does not permit such an inquiry in the case before us.

In looking to the merits of the defendant’s claim, we will start with the trial court’s assumption that the defendant’s arrest occurred when he claimed it did, at the moment the truck’s occupants were ordered to get out. The court concluded that the arrest was lawfully supported at that point by probable cause to believe that a crime had occurred and that one of its perpetrators was the defendant. We agree with the trial court.

At the time in question, the police had stopped a truck of the color and make described by the victim, coming from the direction of the reported crime within three minutes of the relevant radio dispatch, which itself followed the crime by only five or ten minutes. The truck had the number of passengers the victim had described, at least one of whom had a mustache, as the victim had reported. The truck was loaded with a ladder, as the victim thought his assailant’s truck had been, and the police knew that the driver of the truck was in all probability lying to them. He had given a name contradicted by his own passenger, and information from another police officer independently indicated that the name the driver had given was false.

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Bluebook (online)
546 A.2d 1081, 130 N.H. 809, 1988 N.H. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chaloux-nh-1988.