State v. Pepin, 155 N.H. 364

Summary

The Supreme Court of New Hampshire held that a brief tire squeal, without additional specific facts, did not provide reasonable suspicion to stop the defendant for violating the road racing statute or driving while intoxicated. The court reversed the conviction and remanded, concluding that the stop violated the New Hampshire Constitution.

Holdings

1. A brief squeal of tires, without more, does not support reasonable suspicion that the road-racing statute has been, is being, or is about to be violated.
2. A brief squeal of tires, even on 'club night,' does not give rise to reasonable suspicion of driving while intoxicated absent additional specific facts indicating impairment or unlawful driving.
3. The stop violated Part I, Article 19 of the New Hampshire Constitution because the officer lacked reasonable suspicion when he stopped the defendant's vehicle.

Questions Presented

1. Whether a brief squeal of tires, without additional specific facts, created reasonable suspicion that the defendant had violated New Hampshire's road-racing statute.
2. Whether a brief squeal of tires, occurring on a late-night 'club night,' created reasonable suspicion that the defendant was driving while intoxicated.
3. Whether the traffic stop violated Part I, Article 19 of the New Hampshire Constitution.

Disposition

reversed_and_remanded