STATE v. BALL

No. 82-155.

124 N.H. 226 (1983)

THE STATE OF NEW HAMPSHIRE v. FORREST J. BALL

Supreme Court of New Hampshire.

December 12, 1983.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Donald J. Perrault, assistant attorney general, on the brief and orally), for the State.

McNamara & Larsen P.A., of Lebanon (Mark A. Larsen on the brief and orally), for the defendant.


DOUGLAS, J.

The sole issue in this appeal is whether the Trial Court (Johnson, J.) correctly ruled that the police officer had probable cause to seize a partially smoked hand-rolled cigarette during a lawful vehicle stop. We hold that the court erred and therefore reverse.

The defendant was stopped by State Trooper Hunter and Troopertrainee Hamilton for driving an uninspected motor vehicle. After approaching the vehicle, one of the troopers observed...

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