STATE v. NJOGU

No. 2007-229.

937 A.2d 887 (2007)

The STATE of New Hampshire v. Nelson NJOGU and another.

Supreme Court of New Hampshire.

Opinion Issued: December 14, 2007.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Diana E. Fenton, attorney, on the brief and orally), for the State.

Christopher M. Johnson, chief appellate defender, of Concord, on the brief and orally, for the defendant.


GALWAY, J.

In these consolidated appeals the State challenges the Nashua District Court's (Ryan, J.) ruling that a random license plate check by a police officer, without suspicion of criminal activity, constitutes surveillance in violation of RSA 236:130 (Supp.2007). We reverse and remand.

The record supports the following facts. The defendants, Nelson Njogu, Richard Morelli, Joshua Guimond, Jean Holt, and Kendra Burton, were each the subject of a...

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