Cited by
Opinions in New Hampshire that cite State v. McKinnon-Andrews, 846 A.2d 1198.
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State of New Hampshire v. Marcie Janvrin
N.H. 2021
A traffic stop is a seizure for purposes of both the state and federal constitutions; its scope must be carefully tailored to its underlying justification.
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State of New Hampshire v. Miguel Francisco Perez
N.H. 2020
to safeguard the privacy and security of individuals against arbitrary invasions.’” State v. McKinnon-Andrews, 151 N.H. 19, 22 (2004) (quoting Delaware v. Prouse, 440 U.S. 648, 653-54 (1979)).
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State of New Hampshire v. Ronald Welch
N.H. 2019
“whether: (1) the question is reasonably related to the initial justification for the stop; (2) the law enforcement officer had a reasonable articulable suspicion that would justify the question; and (3) in light of all the circumstances, the question impermissibly prolonged the detention or changed its fundamental nature.” 2 State v. McKinnon-Andrews, 151 N.H. 19, 25 (2004).
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State of New Hampshire v. Andrew Brown
N.H. 2018
State v. Dalton, 165 N.H. 263, 265 (2013); see State v. McKinnon-Andrews, 151 N.H. 19, 22-23 (2004).
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State v. Andrew Robbins
171 A.3d 1245
N.H. 2017
In State v. McKinnon-Andrews, 151 N.H. 19 (2004), we adopted a three- part test for determining whether questioning during a traffic stop is permissible.
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State of New Hampshire v. Hasaam-Udeen Muhammad
N.H. 2017
A traffic stop is a “seizure,” even though the purpose of the stop is limited and the resulting detention quite brief.
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State v. Jessica Morrill
156 A.3d 1028
N.H. 2017
even though the purpose of the stop is limited and the resulting detention quite brief.” State v. McKinnon-Andrews, 151 N.H. 19, 22 (2004) (quotation omitted).
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State of New Hampshire v. Michael Flynn
N.H. 2017
Because the Federal Constitution offers the defendant no greater protection than does the State Constitution under these circumstances, see State v. McKinnon-Andrews, 151 N.H. 19, 27 (2004), we reach the same result under the Federal Constitution as we do under the State Constitution.
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State of New Hampshire v. Lucinda Brownlee
N.H. 2016
at 265; see State v. McKinnon- Andrews, 151 N.H. 19, 22-23 (2004).
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State of New Hampshire v. Susan Galvin
N.H. 2016
In reviewing the trial court’s ruling, we accept its factual findings unless they lack support in the record or are clearly erroneous.
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State of New Hampshire v. Hillman Blesdell-Moore
91 A.3d 619
N.H. 2014
A traffic stop is a “seizure.” State v. McKinnon-Andrews, 151 N.H. 19, 22 (2004).
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State v. Dalton
75 A.3d 1140
N.H. 2013
Because the officer could not determine whether the transparent sticker was a valid inspection sticker, he was permitted to “engag[e] in facially innocuous dialog which a detained motorist would not reasonably perceive as altering the fundamental nature of the stop.” State v. McKinnon-Andrews, 151 N.H. 19, 25 (2004) (quotation omitted).
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State v. Bell
58 A.3d 665
N.H. 2012
State v. McKinnon-Andrews, 151 N.H. 19, 25 (2004) (adopting three-part test to determine when a police officer’s questions exceed the scope of an initially valid investigatory stop).
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State v. Perri
164 N.H. 400
N.H. 2012
In reviewing the trial court’s ruling, we accept its factual findings unless they lack support in the record or.are clearly erroneous.
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State v. Schulz
55 A.3d 933
N.H. 2012
269, 271 (9th Cir. 1970) (while the police should be given “reasonable latitude” to determine when a warrant is to be executed, “it is also necessary that search warrants be executed with some promptness in order to lessen the possibility that the facts upon which probable cause was initially based do not become dissipated”); and (3) conducting traffic stops, see, e.g., State v. McKinnon-Andrews, 151 N.H. 19, 23, 24-25 (2004) (adopting three-part test to determine when police officer’s questions
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State v. Michelson
999 A.2d 372
N.H. 2010
In reviewing the trial court’s ruling, we accept its factual findings unless they lack support in the record or are clearly erroneous.
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State v. Joyce
986 A.2d 642
N.H. 2009
“To determine the sufficiency of an officer’s suspicion, we consider the articulable facts in light of all surrounding circumstances, keeping in mind that a trained officer may make inferences and draw conclusions from conduct that may seem unremarkable to an untrained observer.” State v. McKinnon-Andrews, 151 N.H. 19, 26 (2004).
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State v. Pepin
920 A.2d 1209
N.H. 2007
To determine the sufficiency of an officer’s suspicion, we consider the articulable facts in light of all surrounding circumstances, keeping in mind that a trained officer may make inferences and draw conclusions from conduct that may seem unremarkable to an untrained observer.
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State v. Livingston
897 A.2d 977
N.H. 2006
A temporary detention is lawful, however, “if the police have an articulable suspicion that the person detained has committed or is about to commit a crime.” State v. McKinnon-Andrews, 151 N.H. 19, 22 (2004) (quotations and citations omitted); see Terry v. Ohio, 392 U.S. 1, 21 (1968).
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State v. Carbo
864 A.2d 344
N.H. 2004
The defendant argues that requiring reasonable and articulable suspicion would prevent the police from obtaining consent for random searches that are merely “fishing expedition^] trying to prove a crime that [the officer] had a hunch had been committed.” The State argues that concerns about police expanding the scope of routine traffic stops are adequately addressed in State v. McKinnon-Andrews, 151 N.H. 19 (2004).
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State v. Moore
855 A.2d 442
N.H. 2004
State v. McKinnon-Andrews, 151 N.H. 19, 25 (2004) (recognizing that the purpose of Terry’s scope requirement is to prevent law enforcement officials from fundamentally altering the nature of the stop by converting it into a general inquisition about past, present and future wrongdoing, absent an independent basis for reasonable suspicion or probable cause)