State v. Farnsworth

497 A.2d 835, 126 N.H. 656, 1985 N.H. LEXIS 421
CourtSupreme Court of New Hampshire
DecidedJune 19, 1985
DocketNo. 84-102
StatusPublished
Cited by9 cases

This text of 497 A.2d 835 (State v. Farnsworth) 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. Farnsworth, 497 A.2d 835, 126 N.H. 656, 1985 N.H. LEXIS 421 (N.H. 1985).

Opinion

DOUGLAS, J.

The defendant, Henry L. Farnsworth, appeals his conviction for possession of cocaine in violation of RSA 318-B:2, :26. He argues that the Superior Court (Johnson, J.) erred in denying his motion to suppress and in failing to rule on his request for findings of facts and rulings of law. We affirm.

On February 14, 1983, the defendant was stopped by Lebanon Patrolman Randall Chapman on suspicion that the defendant was driving while under the influence of intoxicating liquor. After the defendant failed a series of field sobriety tests, he was arrested for driving while intoxicated. He was frisked for weapons, handcuffed and transported to the Lebanon police station.

Upon arriving at the stationhouse, the defendant’s handcuffs were removed and he was searched by the arresting officer. The officer asked the defendant to empty his pockets and to relinquish his wallet. The defendant handed the officer his wallet, after initially refusing to do so, and the officer opened the wallet and examined its contents.

While searching the wallet, the officer observed three pieces of paper folded into packets of the sort he recognized as used to package cocaine. The three folded packets were seized, opened and found to contain cocaine. The defendant was then charged with possession of a narcotic drug and released on his own recognizance.

The defendant filed a motion to suppress the introduction of the cocaine into evidence, arguing that the warrantless search of his wallet violated the warrant requirement of part I, article 19 of the [659]*659New Hampshire Constitution and the fourth amendment to the United States Constitution. On July 19, 1983, a suppression hearing was held, at which time the court denied the defendant’s motion. In making its ruling, the court made no reference to the defendant’s seasonably filed request for findings of fact and rulings of law, but merely stated: “The Court has made the following order on the Motion to Suppress Evidence: Denied; exception noted.” After the court’s ruling, the defendant agreed to waive his right to a jury trial on the possession charge and informed the court that it could proceed on the evidence presented at the suppression hearing. Thereafter, the defendant was found guilty of possession of cocaine and sentenced to one to three years in the New Hampshire State Prison.

On the same date as the lower court’s ruling on the motion to suppress, this court released its decision in State v. Harlow, 123 N.H. 547, 465 A.2d 1210 (1983). After his conviction, the defendant filed a motion for reconsideration with the superior court, asking the court to reconsider its ruling on the motion to suppress in light of the Harlow decision. The court re-examined its decision, determined that the Harlow opinion was not applicable and, by an order dated December 20, 1983, denied the defendant’s motion to reconsider. The defendant now appeals his conviction.

The defendant argues that the warrantless search violated both the New Hampshire and the United States Constitutions. N.H. Const, pt. I, art. 19; U.S. Const., amend. IV. We begin, as we must, by first making an independent analysis of the protections afforded under the New Hampshire Constitution, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), using decisions of the United States Supreme Court and other jurisdictions only as aids in our analysis, see Michigan v. Long, 103 S. Ct. 3469, 3476 (1983). Thereafter, we need address federal constitutional issues only insofar as federal law would provide greater protection. State v. Ball, 124 N.H. at 232, 471 A.2d at 351 (1983).

Part I, article 19 of the New Hampshire Constitution protects individuals against unreasonable searches and seizures. State v. Ball, 124 N.H. at 234, 471 A.2d at 352. It is well settled that “[u]n-less a warrantless search falls within one of the few specifically established and well-delineated exceptions [to the warrant requirement], it is per se unreasonable. Id. The burden is on the State to prove, by a preponderance of the evidence, that a warrantless search was constitutionally permissible. State v. Theodosopoulos, 119 N.H. 573, 578, 409 A.2d 1134, 1137 (1979), cert. denied, 446 U.S. 983 (1980).

Related to the determination whether the State has sustained its [660]*660burden to prove the search was constitutional is the defendant’s second argument; namely, the effect of the lower court’s failure to rule on his request for findings of fact and rulings of law. The defendant argues that if the court had made the requested rulings, it would have resolved issues regarding the purpose, nature and scope of the search and that, absent those rulings, we cannot affirm the lower court’s denial of the motion to suppress. We disagree.

Superior Court Rule 72 provides, in part, that “[i]n non-jury cases,... all requests for findings and rulings... must be submitted to the Presiding Justice no later than the close of the evidence.” Although at the time the motion now before us was denied, Rule 72 provided that requests for findings and rulings were to be filed “at the close” of the evidence (emphasis added), the rule had been interpreted as requiring that requests for findings and rulings be made either before or at that time. See Belletete’s, Inc. v. Aldrich, 117 N.H. 780, 781, 378 A.2d 1373, 1374 (1977) (construing Superior Court Rule 67, predecessor to Rule 72). Accordingly, we find to be without merit the State’s argument that the defendant’s request for findings and rulings, which was filed the day before the motion hearing, was not seasonably filed and thus did not require a ruling.

This court has previously held that “when a request is made, essential findings supporting the decision should be reported, just as essential instructions on the law applicable should be given a jury.” N.H. Savings Bank v. Bank, 93 N.H. 326, 328, 41 A.2d 760, 761 (1945). Nevertheless, just as a party must timely object and except to the trial court’s failure to give certain instructions in order to preserve the issue for appeal, see State v. Lister, 122 N.H. 603, 607, 448 A.2d 395, 398 (1982), so too must a defendant timely object and except to the superior court’s failure to rule on requests for findings and rulings. See York v. Misiak, 95 N.H. 437, 438, 65 A.2d 877, 878 (1949) (requiring parties to object, and to petition trial court for further clarification of the court’s order, for this court to consider the effect of the failure to make findings and rulings).

Because of the critical constitutional issues involved in a motion to suppress, the presiding justice must make sufficient findings of fact and rulings of law to permit meaningful appellate review. Compare Super. Ct. R. 72. However, the defendant here did not object or except to the lower court’s failure to make the requested findings and rulings, either at the time of the court’s original decision or at the time of defendant’s motion for reconsideration.

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Bluebook (online)
497 A.2d 835, 126 N.H. 656, 1985 N.H. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-farnsworth-nh-1985.