State v. Glaude

552 A.2d 85, 131 N.H. 218, 1988 N.H. LEXIS 119
CourtSupreme Court of New Hampshire
DecidedDecember 12, 1988
DocketNo. 87-253
StatusPublished
Cited by2 cases

This text of 552 A.2d 85 (State v. Glaude) 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. Glaude, 552 A.2d 85, 131 N.H. 218, 1988 N.H. LEXIS 119 (N.H. 1988).

Opinions

Johnson, J.

The defendant, Richard A. Glaude, appeals his conviction for driving after having been certified as an habitual offender pursuant to RSA 259:39 (Supp. 1988). He was sentenced to serve one to five years in the State prison, subject to conditions not here in question. The defendant asserts that: (1) the arresting officer’s initial stop of his vehicle was impermissible under both State and Federal Constitutions; and (2) the questioning of him by a police officer after his vehicle had been stopped exceeded the scope of allowable questioning under the circumstances. The defendant raised these issues before the Superior Court (Gray, J.), who denied his accompanying motion to suppress evidence. He was convicted on the basis of stipulated facts in a trial to the Court (McHugh, J.). We affirm.

The facts may be briefly summarized as follows. State Trooper Michael Hambrook was assisting the Hampton police in traffic control on the evening of July 27, 1986. The trooper was stationed on foot between the two northbound lanes of Route 1A, the main street of Hampton Beach, where the vehicles were bumper to bumper and moving very slowly.

Trooper Hambrook observed the defendant’s vehicle as it passed, and saw within the vehicle an open Budweiser beer can and a cooler, both of which were located on the rear floor of the automobile on the passenger side. He motioned for the defendant to pull over to the side of the highway because, as he testified, “Hampton has a town ordinance against open containers. . . .” He then approached the defendant, who was the driver.

Trooper Hambrook asked the driver for his license and registration. The defendant then spontaneously responded, according to the trooper’s testimony, that “he didn’t have a license” and further that “he was in trouble and he had been an habitual offender.” The trooper confirmed the defendant’s statement by radio and placed [220]*220him under arrest for the felony offense of driving while certified as an habitual offender; he did not further investigate the so-called “open container” violation.

Hampton has a local ordinance which reads as follows:

“Sec. 3:701 Alcohol Prohibited
No person shall consume any liquor or beverage or possess any opened container thereof, as defined by RSA 175:1, while in any vehicle upon a public highway, or while upon any public highway, sidewalk or common within the limits of the Town of Hampton.”

At the hearing on the motion to suppress, Trooper Hambrook testified that there were two passengers in the defendant’s automobile, but that he was uncertain whether only one or both were in the rear seat. He further testified that the cooler was also in the rear of the automobile. He could not recall whether the beer can was standing upright or on its side, and none of the occupants was observed consuming any alcoholic beverage. However, he was certain as to the fact that he had observed an open beer can and a cooler in the rear of the automobile before requesting the vehicle to pull over for an investigative stop.

The defendant argues that the initial stop by Trooper Hambrook violates both the State and Federal Constitutions. Our case law requires that we first examine this claim under the State Constitution, relying on federal case law only for guidance. State v. Ball, 124 N.H. 226, 471 A.2d 347 (1983). Since State and federal constitutional law with regard to investigative stops are identical, State v. Parker, 127 N.H. 525, 529, 503 A.2d 809, 811 (1985), we need not make any separate federal analysis as to this issue. In State v. Brodeur, 126 N.H. 411, 493 A.2d 1134 (1985), we adopted the rule first enunciated in Terry v. Ohio, 392 U.S. 1 (1968). This rule permits police temporarily to detain a suspect for investigatory purposes, even though the grounds for the stop do not amount to probable cause justifying arrest of the suspect for the commission of a crime. However, the police must have an articulable suspicion that the person detained has committed or is about to commit a crime. State v. Brodeur, supra at 415, 493 A.2d at 1137-38; see also State v. Maya, 126 N.H. 590, 595, 493 A.2d 1139, 1143 (1985). In justifying the stop, “‘the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.’” State v. Brodeur supra (quoting Terry v. Ohio, supra at 21).

[221]*221Therefore, in assessing the defendant’s claim, we must consider the sufficiency of Trooper Hambrook’s articulable suspicion, the scope of his inquiry, and the length of the stop. State v. Maya supra. This inquiry is mandated because “[t]he scope of the detention must be carefully tailored to its underlying justification . . . [and] must be temporary and last no longer than is necessary to effectuate the purpose of the stop.” Florida v. Royer, 460 U.S. 491, 500 (1983).

An important element to be considered in determining the sufficiency of the officer’s articulable suspicion is the “‘nature and quality of the intrusion on personal security’ [which] must be balanced against ‘the importance of the governmental interest alleged to justify the intrusion.’ ” State v. Parker, supra at 530, 503 A.2d at 812 (quoting United States v. Hensley, 469 U.S. 221, 228 (1985)). Trooper Hambrook testified that he was assisting the Hampton police because the town was having a “lot of problems in the Hampton Beach area that particular summer.” He further testified that he was working an overtime detail because the “local police were outnumbered, in sheer numbers, we were there to back them up.” The police, according to Hambrook, were attempting, by foot patrols, to stop rowdiness, traffic violations, and DWI violations, “as well as fatalities.” The legitimate public concern in this situation was clear. Cf. State v. Parker, 127 N.H. at 530, 503 A.2d at 812. The circumstances called for active police scrutiny of suspected violations of the law. Cf. id. at 530-31, 503 A.2d at 812.

Trooper Hambrook observed an open beer can and a cooler in the defendant’s vehicle. These two facts, in combination with the circumstances of this case as set forth above in detail, would cause a man of reasonable caution and prudence to be on guard to insure that the Hampton ordinance was being obeyed. We therefore hold that Trooper Hambrook acted reasonably in making an investigatory stop, given the totality of the circumstances present here. Under the facts of this case, common sense dictated that the trooper take reasonable steps to investigate, and an investigatory stop to determine whether the Hampton ordinance had been violated was thus reasonable.

The defendant next contends that, even if the stop was lawful, the scope of the questioning of the defendant was unlawful because it was not tailored to the reason for the seizure; i.e., a suspected violation of the open container ordinance. See State v. Maya, 126 N.H.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Dalton
75 A.3d 1140 (Supreme Court of New Hampshire, 2013)
State v. McKinnon-Andrews
846 A.2d 1198 (Supreme Court of New Hampshire, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
552 A.2d 85, 131 N.H. 218, 1988 N.H. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-glaude-nh-1988.