State v. Fleury

2 Citing cases

  1. Estate of Kenney v. Floyd

    Case No. 10-cv-181-PB (D.N.H. Feb. 28, 2012)   Cited 2 times

    When Kenney drove away from the initial traffic stop without the officer's consent, he arguably committed the misdemeanor offense of resisting arrest or detention. See N.H. Rev. Stat. Ann. ยง 642:2 (criminalizing knowing or purposeful interference with a law enforcement officer seeking to effect an arrest or detention "regardless of whether there is a legal basis for the arrest"); see also State v. Fleury, 116 N.H. 577, 578-79 (1976) (defining detention as "other forms of seizures of the person falling short of a full-blown arrest," including a Terry stop). A reasonable officer in McKay's position would have perceived Kenney's decision to drive away prior to the conclusion of the traffic stop as a criminal act. Kenney's act of resisting detention thereby justified McKay's decision to pursue and detain him.

  2. State v. Kelley

    153 N.H. 481 (N.H. 2006)   Cited 8 times
    Recognizing that although the preamble reflected the legislature's articulation of the policy behind the statute, that policy did not override other statutory provisions

    We have previously stated that, in the criminal context, RSA 642:2 applies to "other forms of seizures of the person falling short of a full-blown arrest." State v. Fleury, 116 N.H. 577, 578, 579 (1976); see also State v. Hutlon, 108 N.H. 279, 285-87 (1967). We address each question in turn.