Justia Constitutional Law Opinion Summaries

Richard Exline appealed a circuit court order denying his motion for the immediate return of seized property on the ground that the affidavit supporting the search warrant under which the seizure occurred failed to establish probable cause. In March 2017, a warrant was issued to search “any computer, computer system, mobile digital device, camera, router, wi-fi device, cellular telephone, smart phone, [and] commercial software and hardware” located at 1832 Candia Road in Manchester, New Hampshire (Exline’s residence). The warrant stated that there was probable cause to believe that the property so described was relevant to the crimes of identity fraud, and tampering with public or private records. The affidavit submitted in support of the warrant application avers that, on August 5, 2016, the affiant, a state police detective, received an e-mail message from the assistant commissioner for the New Hampshire Department of Safety (DOS) regarding e-mail messages that had been received by State of New Hampshire officials and employees. The assistant commissioner was concerned that there had been a “cyber-attack.” Based upon the totality of the circumstances as reflected in the circuit court record, the New Hampshire Supreme Court concluded that the affidavit afforded the magistrate a substantial basis for believing that there was a fair probability that Exline’s residence and the objects seized contained evidence of the crime of identity fraud. View "In re Search Warrant for 1832 Candia Road, Manchester, New Hampshire" on Justia Law

Defendant David Burris was indicted on three counts of felony reckless conduct. The indictment alleged defendant engaged in reckless conduct when, during a home visit to a probationer he was supervising, he discharged a firearm three times at a motor vehicle operated by the probationer. The Superior Court denied defendant’s motion to dismiss the charges but approved an interlocutory appeal. Because the New Hampshire Supreme Court concluded defendant was not entitled to transactional immunity under Part I, Article 15 of the New Hampshire Constitution, it affirmed and remanded. View "New Hampshire v. Burris" on Justia Law

Defendant Kevin Drown was convicted by jury on three counts of aggravated felonious sexual assault, and one count of felonious sexual assault. On appeal, he argued the Trial Court erred by permitting the prosecutor to: (1) argue that it was difficult for the victim to testify, and because she did so, she must be credible; (2) ask the defendant for his opinion about the victim’s credibility; and (3) argue that the defendant’s opinions about the victim’s credibility were inculpatory and contradicted his counsel’s argument. Finding no reversible error, the New Hampshire Supreme Court affirmed Drown’s convictions. View "New Hampshire v. Drown" on Justia Law

Defendant Bailey Serpa appealed a superior court order requiring him to register as a sexual offender. On appeal, defendant argued registration as a sexual offender for a conviction of violating RSA 649-B:4 was contrary to the manifest objectives of RSA 632-A:4 and violated constitutional requirements that all penalties be proportional to the offense. Finding no reversible error, the New Hampshire Supreme Court affirmed the superior court order. View "New Hampshire v. Serpa" on Justia Law

Defendant Brian Watson appealed his conviction by a jury for felony sale of a controlled drug with death resulting. On appeal, he argued the superior court erred by: (1) denying his motion to suppress statements allegedly obtained in violation of his Miranda rights; and (2) allowing a forensic toxicologist, Dr. Daniel Isenschmid, to testify to the results of toxicology tests that he did not conduct. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Watson" on Justia Law

Darlene Washburn was convicted by jury of possession of a schedule II controlled drug. On appeal, she argued the Trial Court erred when it: (1) denied her motion to suppress evidence seized in warrantless searches of her purse, vehicle, and home; and (2) instructed the jury on a lesser-included offense that did not ensure jury unanimity and failed to protect her against double jeopardy. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Washburn" on Justia Law

Defendant James Bazinet was convicted by a jury of negligent homicide for driving a motor vehicle while he was intoxicated and causing a fatal collision. He appealed the rulings of the Superior Court denying his motions to suppress the results of testing done by the State on a blood draw sample taken by the hospital after he arrived there unconscious. The court ruled that the defendant did not have a reasonable expectation of privacy in the hospital blood draw sample, and that the State acted lawfully in obtaining and testing it for blood alcohol content without a warrant. Citing a case discussing the emergency exception to consent in the civil context, the court found that the defendant implicitly consented to medical treatment. The court further concluded that “no ‘search’ occurred within the meaning of [the federal and New Hampshire] constitutions when the police later tested the defendant’s blood for DNA.” The New Hampshire Supreme Court concurred with the Superior Court’s judgment, noting in particular to the admission of the DNA evidence that given the other evidence presented by the State to establish that the defendant was the driver, the DNA evidence was cumulative. View "New Hampshire v. Bazinet" on Justia Law

Defendant Dominick Stanin, Sr. appealed after a jury convicted him for first degree assault, robbery, and being a felon in possession of a deadly weapon. On appeal he argued the evidence was insufficient to convict him of robbery, and that the trial court erred when it did not individually question each juror about the impact that a photograph (which had not been admitted into evidence, but which was visible in the defense counsel’s file) had on that juror’s ability to render an impartial verdict. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Stanin" on Justia Law

Defendant Meghan Sage appealed her conviction for driving under the influence (DUI), second offense. On appeal, she argued that the trial court erred by: (1) denying her motion to suppress evidence derived from expansion of the underlying traffic stop; (2) declining to exclude breathalyzer test results, or alternatively dismiss her charge, for an alleged violation of her due process rights under Part I, Article 19 of the New Hampshire Constitution; and (3) enhancing her sentence under RSA 265-A:18, IV based upon a 2008 conviction from Maine for operating under the influence (OUI). Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Sage" on Justia Law

Defendant Felix Ruiz was convicted by jury of misdemeanor receipt of stolen property; namely, a United States passport belonging to someone else. Defendant was suspected of helping others forge identity papers for others. The defendant told a New Hampshire State Trooper that he was paid to perform “backgrounds” on individuals and that the information he obtained was then given to someone else who would generate the false identity documents. During an interview with policy, defendant was “extremely cooperative” with and “polite” to the troopers. As a result, officers offered to release him provided that he produce the minimum amount of cash bail for a misdemeanor charge. The defendant had no cash available, but claimed that his girlfriend could bring it. The troopers allowed him to text his girlfriend, who agreed to come to the DMV with the money. However, the girlfriend never arrived and, after a few hours of waiting, the police decided to transport the defendant to jail and allow his girlfriend to meet him there. Police asked defendant if he would consent to a search of his vehicle. Defendant readily agreed, signing a handwritten consent form that the officer drafted. Police conducted a full search of the vehicle, during which he found a black bag containing, among other items, the passport at issue in this case. On appeal of his eventual conviction, defendant argued the Superior Court erred when it: (1) denied his motion to suppress certain evidence, including his post-Miranda confession; and (2) denied his motion to dismiss based upon insufficiency of the evidence. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Ruiz" on Justia Law