Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. McInnis

Supreme Court of New Hampshire

January 13, 2017

THE STATE OF NEW HAMPSHIRE
v.
SEAN McINNIS

         Strafford

          Argued: October 6, 2016

          Joseph A. Foster, attorney general (Stephen D. Fuller, senior assistant attorney general, on the memorandum of law and orally), for the State.

          Stephanie Hausman, deputy chief appellate defender, of Concord, on the brief and orally, for the defendant.

          CONBOY, J.

         Following a bench trial based upon stipulated facts, the defendant, Sean McInnis, was convicted of two counts of possession of a controlled drug. See RSA 318-B:2, I (2011). On appeal, he challenges his convictions, arguing that the Superior Court (Tucker, J.) erroneously denied his motion to suppress. We affirm.

         The following facts are drawn from the trial court's order, or are otherwise found in the record. In November 2009, the defendant pleaded guilty to one count of willful concealment/shoplifting (shoplifting) and was sentenced to pay $744 in fines. See RSA 644:17 (2007) (current version at RSA 637:3-a (2016)). The defendant did not pay the fines and a default was entered against him.

         On February 6, 2012, the 10th Circuit Court-Portsmouth District Division, in Rockingham County, held a hearing on the default, and issued an order stating: "The defendant owes $770 in fines. The default is vacated. Defendant agrees to pay the fine within 120 days of release from his substance abuse program." On the same day, in the same court, the defendant pleaded guilty to one count of theft by unauthorized taking (theft). See RSA 637:3 (2016). The circuit court sentenced him to 12 months of incarceration, with all but three months suspended. The circuit court ordered that the sentence was "to run concurrently with [another] case currently pending in" Carroll County. The defendant served his term of incarceration in the Carroll County House of Corrections.

         Several days later, on or about February 10, the circuit court scheduled a payment hearing for April 12 regarding the defendant's outstanding fines of $770 for his shoplifting conviction. On April 2, the defendant filed a motion requesting permission to pay his fines through time in jail. A hearing upon the motion was scheduled for April 12.

         The defendant did not appear in court on April 12 because he was still incarcerated. The circuit court issued a bench warrant for his arrest based upon his failure to appear. On or about May 24, the defendant was released from the Carroll County House of Corrections.

         On August 12, around midnight, an officer of the Rochester Police Department received a report about an assault at the Old Oak Tavern on North Main Street. When the officer arrived, there were other officers already at the scene, so he began to patrol the area to locate witnesses and people potentially involved in the assault. As he drove away from the scene, he observed the defendant walking toward the tavern.

         The officer parked his police cruiser on the side of the road and got out of the vehicle. The officer and the defendant approached each other. The officer, who was in uniform, informed the defendant that he was investigating a crime and asked the defendant whether he was involved in the assault at the tavern. The defendant denied involvement. The officer then asked the defendant for identification. The defendant provided the officer with his name and date of birth, but did not offer any documentary evidence of his identity. In the presence of the defendant, the officer radioed police dispatch and requested a check for outstanding warrants. Dispatch advised that there was an outstanding bench warrant for the defendant's arrest.

         The officer arrested the defendant based upon the bench warrant. The defendant stated that he had drugs on his person and the officer seized them. The officer then transported the defendant to the Rochester Police Department, where the defendant made additional incriminating statements.

         The defendant was charged with two counts of possession of a controlled drug. See RSA 318-B:2, I. He moved to suppress all evidence obtained as a result of his arrest, arguing that the officer had seized him, prior to arrest, without reasonable suspicion, violating his rights under Part I, Article 19 of the State Constitution and the Fourth Amendment to the Federal Constitution. He also argued that the evidence must be suppressed because the bench warrant underlying his arrest was invalid. The State objected. Following a hearing, the superior court denied the motion, ruling that the defendant was not seized until the officer arrested him, and that the bench warrant underlying the arrest was valid. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.