State v. Boyle

The defendant, Daniel Boyle, was convicted of driving while certified as a habitual offender, see RSA 262:23 (1993) (amended 2000, 2001), and disobeying an officer, see RSA 265:4 (1993). On appeal, he argues that the Superior Court (Galway, J.) erroneously denied his motion to suppress evidence obtained during an allegedly unconstitutional seizure. We reverse and remand.

The following facts were adduced at the suppression hearing. At approximately one o’clock on the morning of June 2, 2000, a Rye police officer saw a vehicle stopped in the travel lane on a residential street. As the officer…