State v. Njogu, 156 N.H. 551

Summary

The Supreme Court of New Hampshire held that random, suspicionless license-plate checks conducted using a police radio or patrol-car computer do not constitute prohibited surveillance under RSA 236:130. The court interpreted the statute’s reference to “any other device” as limited to devices comparable to those specifically enumerated, such as tracking or monitoring devices. The court reversed the district court’s suppression ruling and remanded the consolidated appeals.

Holdings

1. A patrol-car computer and police radio used to transmit or retrieve information based on an officer's personal observation of a license plate are not comparable to the tracking or monitoring devices enumerated in RSA 236:130, I, and therefore are not prohibited 'other devices' under the statute.
2. The random, suspicionless license-plate checks at issue did not violate RSA 236:130, so the district court erred in granting the defendants' motions to suppress.

Questions Presented

1. Whether a patrol-car computer or police radio used to obtain registration information after an officer's personal observation of a license plate is an 'other device' constituting prohibited surveillance under RSA 236:130.
2. Whether RSA 236:130 prohibits random, suspicionless license-plate checks conducted through ordinary police communications and computer equipment.

Disposition

reversed_and_remanded