Author Archives for Jonathan Cohen

Police dog sniff of car ruled illegal

April 24, 2015 2:38 pm Published by - Leave your thoughts

The United States Supreme Court recently curtailed a police officer’s right to extend a routine traffic stop for a K-9 sniff for drugs in Rodriguez v United States. Mr. Rodriguez and his passenger were stopped by a Nebraska police officer at around midnight for briefly traveling in the breakdown lane. The officer stopped the vehicle and took Rodriguez’s license and...




Facebook Post can Land You in Jail

A Facebook post can land you in jail!

February 27, 2015 3:25 pm Published by - Leave your thoughts

State v Craig is an interesting case that gives some insight into how New Hampshire courts will view posts on social media, such as Facebook, that are directed to someone who has a restraining order against the person making the post. The case centers around a waitress who got a restraining order against Craig, a man who started coming into...




Illegal search of a pill bottle

January 30, 2015 4:55 pm Published by - Leave your thoughts

In State v. Broadus, the NH Supreme Court reversed and remanded two felony-level possession of drug convictions because the search was illegal. Ms. Broadus was the passenger in a car that was stopped by a state trooper on Route 101 because he saw the driver throw a lit cigarette out the window. Once the car was stopped the trooper had...




Which household members are covered by your homeowner’s insurance?

December 22, 2014 12:47 pm Published by - Leave your thoughts

In the case of Susan R. White v Vermont Mutual Insurance Company, the NH Supreme Court had occasion to comment on when an adult child could be considered a household resident entitling coverage under the parent’s insurance policy. Susan White held a homeowner’s insurance policy from Vermont Mutual. Ms. White owned a home in Moultonborough and a home in Florida....




An inmate can now earn up to 13 months off his prison sentence.

October 7, 2014 1:46 pm Published by - Leave your thoughts

Pursuant to a recently enacted New Hampshire law, RSA 651-A:22-a, inmates may obtain a reduction of their prison sentence of up to 13 months. Inmates must be both eligible and suitable to receive a reduction. An inmate sentenced on or after September 10, 2014 must be granted the option of having his/her sentence reduced by the sentencing judge at the...




Hiring your own lawyer does not prevent you from getting Court funds for your defense

July 25, 2014 1:48 pm Published by - Leave your thoughts

In the case of State v Brouillette the New Hampshire Supreme Court held that hiring a lawyer does not prevent an indigent defendant from obtaining State funds that are necessary to prepare her defense. Heidi Brouillette was charged with burglary, second degree assault and criminal mischief. She was indigent and initially requested court appointed counsel so a public defender was...




Prosecutors must bring all the charges they can

June 23, 2014 8:56 am Published by - Leave your thoughts

In the recently decided case of State v Locke the New Hampshire Supreme Court reversed Jamie Locke’s second-degree assault conviction. This case is significant because, for the first time, the Court adopted what’s known as a compulsory joinder rule for New Hampshire prosecutors.  This means that a prosecutor must bring all the charges he or she is going to bring...




A stop for a faulty tail light that went too far

April 23, 2014 4:15 pm Published by - 2 Comments

In State v Hillman Blesdell-Moore the NH Supreme Court ruled that Mr. Blesdell-Moore’s conviction for possession of marijuana and psilocybin mushrooms with the intent to distribute must be reversed. The Court reversed the decision of the trial court (Vaughn, J.) who ruled the search that ultimately lead to discovery of the drugs was constitutional. Blesdell-Moore was pulled over by Officer...




Texting and driving a crime?

February 28, 2014 10:33 am Published by - Leave your thoughts

In State v. Belleville, the defendant was driving his SUV on Route 28 in Pittsfield when he decided to read a text on his phone. While he was reading the text his vehicle drifted over two travel lanes and collided with a car traveling in the opposite direction resulting in serious injuries to a child and others. The defendant quickly...




It’s not a taser!

October 23, 2013 12:45 pm Published by - Leave your thoughts

In State v. Tabaldi the NH Supreme Court ruled that the State had produced insufficient evidence that Mr. Tabaldi was a felon in possession of an electronic defense weapon commonly referred to as a “taser.” RSA 159:21 defines an electronic defense weapon as “an electronically activated non-lethal device which is designed for or capable of producing an electrical charge of...