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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
State v. Beauchesne
Citation:
868 A.2d 972 (N.H. 2005)Facts
On September 27, 2002, Detective Peter Morelli of the Derry Police Department was on patrol in an unmarked vehicle wearing street clothes, looking for drug crime in an area where drug transactions were no more likely than elsewhere in Derry. At approximately 6:30 p.m., Detective Morelli observed two men in an alley, one straddling a bike. Beauchesne handed something small and unidentifiable to the man on the bike. Believing he witnessed a drug transaction, Detective Morelli exited his vehicle, made eye contact with Beauchesne and motioned for him to approach. Beauchesne walked away. Detective Morelli then identified himself as a police officer and ordered Beauchesne to stop, but Beauchesne continued walking and then running. During the pursuit, Beauchesne fell and either dropped or threw a plastic bag containing marijuana. Detective Morelli arrested Beauchesne for resisting detention and possessing marijuana, then searched him and discovered cocaine.
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