State v. D'Amour

834 A.2d 214, 150 N.H. 122, 2003 N.H. LEXIS 151
CourtSupreme Court of New Hampshire
DecidedOctober 10, 2003
DocketNo. 2002-603
StatusPublished
Cited by18 cases

This text of 834 A.2d 214 (State v. D'Amour) 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. D'Amour, 834 A.2d 214, 150 N.H. 122, 2003 N.H. LEXIS 151 (N.H. 2003).

Opinions

Broderick, J.

The defendant, Michael D’Amour, appeals his conviction on one count of possession of a controlled drug, see RSA 318-B:26 (Supp. 2002), after a jury trial in the Superior Court (Abramson, J.). On appeal, he contends that the Superior Court (Coffey, J.) erred in denying his motion to suppress evidence obtained during the warrantless search and seizure of his backpack. We reverse and remand.

After a hearing on the motion to suppress, the superior court found the following facts. Early on the morning of July 10, 2001, Officer MacDonald, of the Portsmouth Police Department, was dispatched to the railroad tracks behind Bill’s Used Appliances to assist officers responding to a noise complaint made by the store owners. At the scene, Officer MacDonald assisted two other officers in arresting four men, including the defendant. Following the defendant’s arrest for criminal trespass and resisting arrest, Officer MacDonald took him to Portsmouth Hospital for treatment of several abrasions. At the hospital, Officer MacDonald overheard the defendant tell a nurse that he had asthma, for which he used an inhaler. After reading the defendant his Miranda rights, see Miranda v. Arizona, 384 U.S. 436 (1966), Officer MacDonald took him to the Portsmouth Police Department for booking. Once there, another police officer took charge of the defendant when Officer MacDonald was directed by the shift commander to retrieve the defendant’s boots from the [124]*124hospital, and then return to the scene of the arrest to check for property damage and ensure that nothing had been left behind.

Approximately one hour after his initial dispatch, Officer MacDonald arrived back at the appliance store. A small trailer, owned by the store’s proprietors, stood behind the store, some thirty to fifty yards from the spot where the defendant was arrested. Officer MacDonald noted that the trailer appeared to be empty, but observed that its door was open and that a backpack sat in its threshold. Observing no one and nothing else in the area, the officer looked inside the backpack for identification. Although he found none, he did detect three pills wrapped in tissue paper and two asthma inhalers. Having remembered the defendant’s earlier disclosure that he used an inhaler for an asthma condition, the officer took the backpack to the police station to determine whether it belonged to the defendant.

Once there, Officer MacDonald asked the defendant if the backpack was his and if he wanted to inspect it to make sure that'nothing was missing. After acknowledging ownership, the defendant looked through the backpack and confirmed that its contents were intact. Officer MacDonald asked him if he was under a physician’s care or taking any prescription medication. The defendant said he was not. Because the pills in the backpack had not been prescribed for the defendant, Officer MacDonald arrested him on the additional charge of possession of a controlled drug without a prescription. He then fully inventoried the backpack’s contents.

Prior to trial, the defendant moved unsuccessfully to suppress any evidence obtained as a result of the search and seizure of his backpack. After a two-day trial, the defendant was convicted. This appeal followed.

The defendant argues that the trial court, in denying his motion to suppress, erred in ruling that: (1) Officer MacDonald’s initial warrantless search and seizure of his backpack was justified under the “community caretaking” exception to the warrant requirement; and (2) the officer’s warrantless search of the backpack at the police station was justified under the “inventory” exception to the warrant requirement. Consequently, he contends that the introduction at trial of evidence seized during the warrantless searches of his backpack violated his rights under Part I, Article 19 of the New Hampshire Constitution. Because we conclude that the trial court’s finding that the initial search and seizure of the backpack was done solely as community caretaking was clearly erroneous, we remand this case to the trial court for further proceedings consistent with this opinion.

Our review of the superior court’s order on a motion to suppress is de novo, except as to any historical facts found. See State v. Finn, 146 N.H. [125]*12559, 60 (2001). Such findings will not be disturbed on appeal unless they are clearly erroneous. See State v. McBreairty, 142 N.H. 12, 14 (1997).

Part I, Article 19 of our State Constitution provides that every citizen has “a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions.” Warrantless seizures are considered per se unreasonable unless they fall within the narrow confines of a judicially crafted exception. State v. Psomiades, 139 N.H. 480, 481 (1995). The State bears the burden of proving by a preponderance of the evidence that a seizure or search falls within one of these exceptions. See State v. Westover, 140 N.H. 375, 379 (1995); Psomiades, 139 N.H. at 481.

In Psomiades, we explicitly recognized a limited “community caretaking” exception to the warrant requirement. Psomiades, 139 N.H. at 481-82. We held that the exception applies to the seizure of property when the seizure constitutes no more than a routine and good faith attempt, in the exercise of reasonable caution, to safeguard a defendant’s own property. Id. at 482.

Our recognition in Psomiades of the community caretaking exception under our State Constitution noted its initial adoption by the United States Supreme Court in Cady v. Dombrowski, 413 U.S. 433, 441 (1973). In that case, the Court observed:

Local police officers ... frequently investigate vehicle accidents in which there is no claim of criminal liability and engage in what, for want of a better term, may be described as community caretaking functions, totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.

Cady v. Dombrowski, 413 U.S. at 441; see Psomiades, 139 N.H. at 481. We have also cited with approval People v. Ray, 981 P.2d 928, 931 (Cal. 1999), cert. denied, 528 U.S. 1187 (2000), for a further delineation of the exception.

In the average day, police officers perform a broad range of duties, from typical law enforcement activities — investigating crimes, pursuing suspected felons, issuing traffic citations — to “community caretaking functions” — helping stranded motorists, returning lost children to anxious parents, assisting and protecting citizens in need ....

[126]*126People v. Ray, 981 P.2d at 931; see State v. Denoncourt, 149 N.H. 308, 310 (2003); see also State v. Seavey, 147 N.H. 304, 311 (2001) (Duggan, J., dissenting).

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Bluebook (online)
834 A.2d 214, 150 N.H. 122, 2003 N.H. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-damour-nh-2003.