State v. Jessica Morrill

The majority applies the three-part test we articulated in State v. McKinnon-Andrews, 151 N.H. 19, 25 (2004), for determining whether a police officer’s questioning exceeds the scope of a lawful traffic stop. Applying this test, the majority holds that McAulay impermissibly expanded the scope of the traffic stop by requesting a canine unit to perform a sniff of the vehicle. While I agree with the majority that the evidence obtained as a result of the subsequent consent search must be suppressed, I write separately because I would apply the third prong of the McKinnon-Andrews test differently…