State v. Mercier

The defendant, Allen R. Mercier, appeals a decision of the Superior Court {Wageling, J.) denying his motion to suppress evidence that led to his convictions in a jury-waived trial for disobeying a police officer, RSA 265:4 (2004), and driving while certified as a habitual offender, RSA 262:23 (Supp. 2012). Based upon the evidence, the court also found that the defendant violated probation. We reverse and remand.

The following facts are drawn from the trial court’s order denying the defendant’s motion to suppress. On February 7, 2011, State Trooper Brian Ross approached a toll plaza in his…