Cited by
Opinions in New Hampshire that cite State v. Graca, 708 A.2d 393.
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State v. Clegg
2026 N.H. 11
N.H. 2026
“One such exception exists for exigent circumstances that make it impracticable to obtain a warrant.” State v. Graca, 142 N.H. 670, 673 (1998).
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State of New Hampshire v. Shawn M. Minson
N.H. 2020
“Reasonable suspicion is an analysis of ‘the totality of the circumstances—the whole picture.’” Yarbrough, 961 F.3d at 1163 (quoting United States v. Sokolow, 490 U.S. 1, 8 (1989)); see State v. Graca, 142 N.H. 670, 674 (1998).
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State v. Abhishek Sachdev
199 A.3d 249
N.H. 2018
on is important factor in custody determination); see also State v. Dedrick, 132 N.H. 218, 225 (1989) (finding custody, in part, because intensity of the interview escalated when the officers accused the defendant of untruths and stated “time and again” that it was the defendant who had killed the victim), abrogated on other grounds by State v. Ford, 144 N.H. 57, 62-63 (1999); cf. State v. Graca, 142 N.H. 670, 675 (1998) (concluding that the defendant was not in custody, in part, because the “qu
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State v. Daniel Jesus Cora
167 A.3d 633
N.H. 2017
“A warrantless search is per se unreasonable and invalid unless it comes within one of a few recognized exceptions.” State v. Graca, 142 N.H. 670, 673 (1998) 3 (quotation omitted).
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State of New Hampshire v. Andrew Tulley
N.H. 2017
State v. Graca, 142 N.H. 670, 675 (1998) (stating interrogation required for Miranda to apply).
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State of New Hampshire v. Michael Francis
167 N.H. 598
N.H. 2015
“A warrantless search is per se unreasonable and invalid unless it comes within one of a few recognized exceptions.” State v. Graca, 142 N.H. 670, 673 (1998) (quotation omitted).
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State of New Hampshire v. Timothy McKenna
166 N.H. 671
N.H. 2014
State v. Steimel, 155 N.H. 141, 146 (2007) (observing that officer’s confronting defendant with suspicions constituted a “relevant factor,” but concluding no custody because confrontation “occurred near the end of an otherwise general and casual conversation”); cf. State v. Graca, 142 N.H. 670, 671, 675 (1998) (concluding no custody, in part, when questioning was of a “purely general nature,” concerning defendant’s identity and reason for being in park); State v. Green, 133 N.H. 249, 258 (1990)
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State v. Robinson
973 A.2d 277
N.H. 2009
*798 One such exception, which the State argues applies here, exists where police have probable cause to enter a home and exigent circumstances make it impracticable to obtain a warrant beforehand.
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State v. Jennings
929 A.2d 982
N.H. 2007
endant’s position would believe himself in custody, the trial court should consider “the totality of the circumstances of the encounter, including ‘the suspect’s familiarity with his surroundings, the number of officers present, the degree to which the suspect was physically restrained, and the interview’s duration and character.’ ” State v. Grey, 148 N.H. 666, 670 (2002) (quoting State v. Graca, 142 N.H. 670, 675 (1998)).
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State v. Steimel
921 A.2d 378
N.H. 2007
Exigent circumstances “refer to those situations in which law enforcement agents will be unable or unlikely to effectuate an arrest, search, or seizure, for which probable cause exists, unless they act swiftly and, without seeking prior judicial authorization.” State v. Graca, 142 N.H. 670, 673 (1998) (quotation omitted).
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State v. Stern
846 A.2d 64
N.H. 2004
Exigent circumstances “refer to those situations in which law enforcement agents will be unable or unlikely to effectuate an arrest, search, or seizure, for which probable cause exists, unless they act swiftly and, without seeking prior judicial authorization.” State v. Graca, 142 N.H. 670, 673 (1988) (quotation omitted).
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State v. Turmel
838 A.2d 1279
N.H. 2003
When deciding whether there is custody when there has been no formal arrest, we must determine the degree to which the suspect’s freedom of movement was curtailed by considering how a reasonable person in the suspect’s position would have understood the situation.
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State v. Grey
813 A.2d 465
N.H. 2002
If so, we then will decide whether the defendant legally was “in custody” during his alleged unlawful interrogation.
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State v. Sawyer
784 A.2d 1208
N.H. 2001
*194 “A warrantless search is per se unreasonable and invalid unless it comes within one of a few recognized exceptions.” State v. Graca, 142 N.H. 670, 673 (1998) (quotation omitted).
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State v. Pehowic
780 A.2d 1289
N.H. 2001
After examining the relevant federal cases, the trial court ruled that the defendant’s invocation of his right to counsel was ineffective because he was not “in custody.” See State v. Graca, 142 N.H. 670, 675 (1998).
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State v. Dorval
743 A.2d 836
N.H. 1999
In order for Miranda warnings to be required there must be a custodial interrogation by the police.
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State v. Hammond
742 A.2d 532
N.H. 1999
In order for Miranda warnings to be required there must be a custodial interrogation by the police.
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State v. Ford
738 A.2d 937
N.H. 1999
V. In order to trigger Miranda protections, the defendant must be subjected to a custodial interrogation.