State v. Beauchesne
New Hampshire Supreme Court
868 A.2d 972 (2005)
- Written by Deanna Curl, JD
Facts
Detective Morelli witnessed what he believed was a drug sale while patrolling in an unmarked car. Morelli got out of his car and motioned for Beauchesne (defendant) to approach him. After Beauchesne ignored him, Morelli identified himself as a police officer and ordered Beauchesne to stop. Beauchesne continued to walk away, so Morelli followed him, and a foot chase ensued. When Morelli caught Beauchesne, Beauchesne fell to the ground and dropped or threw a bag that contained a substance that Morelli identified as marijuana. At trial on possession charges, Beauchesne moved to suppress evidence of the drugs, arguing that Morelli lacked probable cause to believe a crime had occurred when he first ordered Beauchesne to stop. The trial court denied Beauchesne’s motion and, following his conviction, Beauchesne appealed.
Rule of Law
Issue
Holding and Reasoning (Duggan, J.)
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