State v. Wiggin8/26/2004
as lawful--that is, whether the officer had reasonable, articulable suspicion that the defendant was involved in criminal activity sufficient to justify the seizure. See Terry v. Ohio, 392 U.S. 1, 20-21 (1968). We conclude that he did.
We first address the defendant's claim under the State Constitution, State v. Ball, 124 N.H. 226, 231 (1983), citing federal opinions for guidance only, id. at 232-33. In reviewing the trial court's ruling, we accept its factual findings unless they lack support in the record or are clearly erroneous. State v. Wallace, 146 N.H. 146, 148 (2001). Our review of the trial court's legal conclusions, however, is de novo. Id.
To undertake an investigatory stop, a police officer must have reasonable suspicion, based upon specific, articulable facts taken together with rational inferences from those facts, that the particular person stopped has been, is, or is about to be engaged in criminal activity. State v. Turmel, 150 N.H. 377, 380 (2003); see Terry, 392 U.S. at 20-21. The suspect's conduct and other specific facts must create a "significant possibility of criminality," and the articulated facts must lead to somewhere specific, not just to a general sense that this is probably a bad person who may have committed some kind of crime. State v. Vadnais, 141 N.H. 68, 70 (1996) (quotation omitted). To determine the sufficiency of the officer's suspicion, we must consider the facts he articulated in light of all of the surrounding circumstances. See Turmel, 150 N.H. at 381.
Here, the officer had reasonable, articulable suspicion to seize the defendant. When the defendant's car first pulled into the parking lot, Officer Martin was involved in an ongoing investigation of a potential burglary. The officer was investigating the alarm at about 1:30 a.m. He had checked the building's doors and looked for tracks in the snow. At the adjoining restaurant, he had questioned employees and patrons concerning the cause for the alarm. Before the officer had determined the cause of the alarm, the defendant's car pulled into the parking lot, drove behind the building, and parked near the dumpster. Looking at the totality of the circumstances, we conclude that these case-specific, objective facts support a finding that the officer had reasonable, articulable suspicion that the defendant had been, was, or was about to engage in criminal activity sufficient to justify the seizure of the defendant. See id. at 380.
The Federal Constitution offers the defendant no greater protection than does the State Constitution under these circumstances. See id. at 382; Terry, 392 U.S. at 20-21. Accordingly, we reach the same result under the Federal Constitution.
We next address the defendant's challenge to the sufficiency of the evidence raised in his motion to dismiss. On appeal, the defendant argues that the evidence presented at trial was insufficient to support a finding that he was under the influence of intoxicating liquor. Specifically, he argues that he failed the tests not because of impairment by alcohol, but because of physical impairments and poor road conditions. We disagree.
To prevail on a challenge to the sufficiency of the evidence, the defendant must demonstrate that no rational trier of fact, evaluating all of the evidence and its reasonable inferences in the light most favorable to the State, could conclude beyond a reasonable doubt that he had committed the charged crime. State v. Parmenter, 149 N.H. 40, 43 (2002). In order to prove the defendant guilty of driving while intoxicated, the State was required to prove beyond a reasonable doubt that the defendant drove or attempted to drive a vehicle upon a way while he was "under the influence of intoxicat
Page 1 2 3 New Hampshire DUI Attorneys
DUI Lawyers
|