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State v. Sousa8/26/2004
The State appeals an order of the Nashua District Court (Ryan, J.) granting the motion to suppress filed by the defendant, Christine Sousa. The State challenges the trial court's determination that the stop of the defendant's vehicle was unconstitutional. See U.S. CONST. amends. IV, XIV; N.H. CONST. pt. 1, art. 19. We vacate and remand.
On April 20, 2003, an anonymous caller informed the Nashua Police Department that a blue pickup truck with Massachusetts plate number 9557FO was "all over the road," and had entered the Everett Turnpike at Exit 6 heading south. This information was forwarded to the New Hampshire State Police dispatcher, who contacted State Trooper Thomas Lencki, Jr. The dispatcher told Trooper Lencki that the Nashua Police Department had received a report of "erratic op" going southbound from Exit 6. The dispatcher provided the license plate number and told Trooper Lencki that the plate belonged to a blue Ford pickup truck from Lowell, Massachusetts. Trooper Lencki confirmed this information by running a license plate check from his cruiser.
Trooper Lencki drove to Exit 2 of the Everett Turnpike, positioning his cruiser so that it faced south at the on-ramp. A couple of minutes later, he saw the blue Ford pickup truck and pulled it over. The trooper did not observe any erratic driving. Thereafter, based upon his subsequent observations of the defendant, he arrested her for driving while intoxicated. See RSA 265:82 (Supp. 2003).
The defendant filed a motion to suppress claiming that the anonymous call did not give rise to reasonable suspicion to justify the investigatory stop of her truck. The trial court ruled that, based upon the totality of the circumstances, the anonymous tip did not suffice. Thus, the stop violated the defendant's constitutional right to be free from unreasonable searches and seizures. See U.S. CONST. amends IV, XIV; N.H. CONST. pt. I, art. 19. On appeal, the State argues that the anonymous tip was sufficient to support a finding of reasonable suspicion.
We first address this issue under the State Constitution and cite federal opinions for guidance only. See State v. Ball, 124 N.H. 226, 231-33 (1983). We accept the trial court's factual findings unless they lack support in the record or are clearly erroneous. State v. Wallace, 146 N.H. 146, 148 (2001). We review the trial court's legal conclusions de novo. Id.
To be constitutional, an investigatory stop must be supported by reasonable suspicion. See State v. Hight, 146 N.H. 746, 748 (2001). Because reasonable suspicion is a less demanding standard than probable cause, it "can arise from information that is less reliable than that required to show probable cause," such as an anonymous tip. Alabama v. White, 496 U.S. 325, 330 (1990); State v. Melanson, 140 N.H. 199, 201 (1995). To determine whether an anonymous tip gives rise to reasonable suspicion, we examine the reliability and credibility of the informant and his or her basis of knowledge, and then make a final judgment based upon the totality of the circumstances. Melanson, 140 N.H. at 201. Examining the totality of the circumstances includes considering the quantity of the information the tip conveys as well as its quality or reliability. White, 496 U.S. at 330. Where a tip has a relatively low degree of reliability, "more information will be required to establish the requisite quantum of suspicion than would be required if the tip were more reliable." Id.
The sole issue on appeal is whether the anonymous call gave rise to reasonable suspicion to justify the investigatory stop of the defendant's truck. The central issue in utilizing anonymous tips to establish reasonable suspicion is "whether the informant's information
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