State v. Pepin

Following a trial on stipulated facts in the Superior Court (Barry, J.), the defendant, Ernest P. Pepin, appeals his conviction for operating a motor vehicle after having been certified as a habitual offender. See RSA 262:23 (2004) (amended 2006). The sole issue on appeal is whether the trial court erred in denying the defendant’s motion to suppress. We reverse and remand.

The trial court found the following: The defendant was stopped shortly after midnight on October 6, 2005, by Officer Eric Desmarais of the Manchester Police Department who heard the tires of the defendant’s vehicle “squeal.”…