Cited by

McKenna, 166 N.H. at 680; State v. Locke, 149 N.H. 1, 7 (2002) (“Given the repeated advice that he was free to leave, we conclude that a reasonable person in the defendant’s position would not believe he was restrained to the degree associated with formal arrest.”); State v. Johnson, 140 N.H. 573, 578 (1995) (finding no custody, based, in part, upon fact that trooper informed defendant he was free to leave).

ree to leave, we conclude that a reasonable person in the defendant’s position would not believe that he was restrained to the degree associated with formal arrest.”); State v. Hammond, 144 N.H. 401, 404 (1999) (finding no custody, based, in part, upon fact that officers informed the defendant several times that he was not under arrest and that he was free to leave at any time); State v. Johnson, 140 N.H. 573, 578 (1995) (finding no custody, in part, based upon fact that trooper informed defenda

“The location of questioning is not, by itself, determinative: a defendant may be in custody in his own home but not in custody at a police station.” State v. Johnson, 140 N.H. 573, 578 (1995) (quotations and citations omitted).

We apply a totality-of-the circumstances test to determine whether information obtained from an informant supports a finding of probable cause.

State v. Johnson, 140 N.H. 573, 578 (1995); see also Berkemer v. McCarty, 468 U.S. 420, 439 (1984).

I. Pre-Miranda statement and silence Before the defendant’s responses made during a custodial interrogation may be used as evidence against her, the State must prove, beyond a reasonable doubt, that she was warned of her constitutional rights, that she waived those rights, and that any subsequent statements were made knowingly, voluntarily and intelligently.

“Before the defendant’s statements made during a custodial interrogation may be used as evidence against him, the State must prove, beyond a reasonable doubt, that he was warned of his constitutional rights, that he waived those rights, and that any subsequent statements were made knowingly, voluntarily and intelligently.” State v. Johnson, 140 N.H. 573, 577 (1995).

The defendant here was taken into custody only upon being handcuffed after incriminating himself *671 and disclosing the location of his contraband.

One of the informants, who had given reliable information in the past, see State v. Johnson, 140 N.H. 573, 576, 669 A.2d 222, 225 (1995), named three sources from whom the defendant purchased marijuana.

State v. Johnson, 140 N.H. 573, 577, 669 A.2d 222, 226 (1995) (citation omitted).

State v. Johnson, 140 N.H. 573, 578, 669 A.2d 222, 226 (1995) (reasoning that, although seized, defendant not necessarily “in custody” for Miranda purposes); cf. Berkemer v. McCarty, 468 U.S. 420, 439, 441-42 (1984) (reasoning that routine traffic stops, like Terry stops, do not compel Miranda warnings because suspect not in custody, although seiz

“Probable cause to search exists if a person of ordinary caution would justifiably believe that what is sought will be found through the search and will aid in a particular apprehension or conviction.” State v. Johnson, 140 N.H. 573, 576, 669 A.2d 222, 225 (1995) (quotation omitted).

We need not decide, however, whether the defendant has waived his federal claim, see State v. Field, 132 N.H. 760, 765, 571 A.2d 1276, 1279 (1990), as “part I, article 19 of the New Hampshire Constitution provides the defendant with at least as much protection as the Federal Constitution in this area.” State v. Johnson, 140 N.H. 573, 575, 669 A.2d 222, 225 (1995).