State v. Njogu

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 motor vehicle stop following the random, suspicionless license plate check of the vehicle each was either operating or occupying. In each case, the police…