State v. Lantagne

Summary

The New Hampshire Supreme Court held that police lacked probable cause to arrest David Lantagne for disorderly conduct based on his photographing children in a public place. Because the arrest violated the New Hampshire Constitution, statements and evidence obtained through the arrest, including evidence seized under subsequent search warrants, were subject to exclusion as fruit of the poisonous tree. The court reversed the conviction and remanded.

Holdings

1. The police lacked probable cause to arrest the defendant for disorderly conduct because photographing properly attired children in a public place, even surreptitiously and regardless of the images' intended use, did not constitute threatening behavior posing a threat of imminent harm to persons present.
2. Because the arrest lacked probable cause and the State did not establish an applicable exception to the exclusionary rule, the defendant's post-arrest statements and other evidence, including evidence seized under the search warrants, had to be suppressed as fruits of the poisonous tree.

Questions Presented

1. Whether the police had probable cause to arrest the defendant for disorderly conduct under RSA 644:2, II(a).
2. Whether statements and physical evidence obtained after the arrest, including evidence seized under search warrants, were fruits of an unlawful arrest and therefore subject to suppression under the New Hampshire Constitution.

Disposition

reversed_and_remanded