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State v. Denoncourt4/11/2003
Hillsborough-northern judicial district
Argued: January 14, 2003
After a bench trial, the defendant, John Denoncourt, was convicted of driving after certification as a habitual offender, disobeying a police officer, and resisting arrest. See RSA 262:23 (Supp. 2002); RSA 265:4 (Supp. 2002); RSA 642:2 (Supp. 2002). The sole issue on appeal is whether the Superior Court (Brennan, J.) erred in denying the defendant's motion to suppress. We reverse and remand.
Officer Tarron Guyse of the Manchester Police Department testified at the suppression hearing that while on patrol on July 23, 2000, he saw a car with expired registration tags traveling west on Hanover Street in Manchester. As Officer Guyse followed the car, the defendant pulled off to the side of the street. Officer Guyse pulled up behind the car, activated his emergency lights and approached the vehicle on foot. Officer Guyse told the defendant why he had been stopped and asked him to produce his license and registration. The defendant stated he did not have any identification with him, but identified himself as "Doug Roberts."
The defendant told Officer Guyse that he was visiting a friend, James, who lived in a nearby house. At that point, Officer Guyse was joined by Officer Gallant as back-up. Officer Guyse then left the defendant with Officer Gallant and went to the house to inquire. A man in the yard told him that no one named "James" lived there. Officer Guyse returned and asked the defendant to get out of the car. The defendant stepped out and walked over to Officer Gallant. Officer Guyse "stuck head into the opened window of the car, and while kind of looking inside the interior of the car, [the defendant] took off on foot." The officers gave chase but were unsuccessful in apprehending the defendant. They returned to the car and radioed for a tow truck.
After learning that the car was not registered to "Doug Roberts," Officer Guyse unsuccessfully attempted to contact the car's owner. He then opened the car door and searched the interior. Inside, he saw a wallet between the console and the seat. Officer Guyse opened the wallet and found a non-driver's identification card identifying the defendant as John Denoncourt.
Following indictment, the defendant filed a motion to suppress, contending that the search of the wallet violated Part I, Article 19 of the New Hampshire Constitution and the Fourth and Fourteenth Amendments of the United States Constitution.
The court, citing State v. Psomiades, 139 N.H. 480 (1995), denied the defendant's motion to suppress because the court was "convinced from the testimony that the wallet was reasonably seized for safekeeping." The court concluded that "Officer Guyse was performing a search of the interior for weapons and contraband, and it was reasonable to secure the wallet rather than to leave it unsecured in the vehicle." The defendant was subsequently convicted of all charges. This appeal followed.
On appeal, the defendant raises one issue: whether the warrantless search of his wallet was justified under the community caretaking exception. Our review of the superior court's order on a motion to suppress is de novo, except as to any controlling facts determined by the superior court. State v. Boyle, 148 N.H. 306, 307 (2002). We first address the defendant's argument under the New Hampshire Constitution, citing federal cases only to aid in the analysis. See State v. Ball, 124 N.H. 226, 232 (1983); Michigan v. Long, 463 U.S. 1032, 1040-41 (1983). We need not engage in a separate federal analysis because our constitution is at least as protective as the Federal Constitution in this area. Boyle, 148 N.H. at 307; Uni
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