State v. Richter, 765 A.2d 687 (N.H. 2000). · Go Syfert
State v. Richter, 765 A.2d 687 (N.H. 2000). Cases Citing This Book View Copy Cite
52 citation events (52 in the last 25 years) across 18 distinct courts.
Strongest positive: State v. Glover (kanctapp, 2017-06-30)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
examined Cited as authority (quoted) State v. Glover (2×)
Kan. Ct. App. · 2017 · quote attribution · 2 verbatim quotes · confidence low
it was reasonable for the officer to infer that the driver was the owner of the vehicle. . . . such an inference gave rise to a reasonable suspicion that the driver was committing a violation of the law.
discussed Cited as authority (rule) State v. Betancourt
Or. · 2025 · confidence medium
We note that our conclusion that Fleming’s infer- ence in this case was objectively reasonable matches the conclusion reached by the United States Supreme Court in addressing the same issue under the Fourth Amendment, Kansas v. Glover, 589 US 376 , 140 S Ct 1183 , 206 L Ed 2d 412 (2020), and by courts in almost every other jurisdiction that has addressed the issue.5 The parties’ briefing in this case 5 See Armfield v. State, 918 NE2d 316, 321-22 (Ind 2009); State v. Tozier, 905 A2d 836, 838-39 (Me 2006); State v. Pike, 551 NW2d 919, 922 (Minn 1996); State v. Neil, 350 Mont 268, 270-71 , 20…
discussed Cited as authority (rule) State v. Betancourt
Or. · 2025 · confidence medium
We note that our conclusion that Fleming’s infer- ence in this case was objectively reasonable matches the conclusion reached by the United States Supreme Court in addressing the same issue under the Fourth Amendment, Kansas v. Glover, 589 US 376 , 140 S Ct 1183 , 206 L Ed 2d 412 (2020), and by courts in almost every other jurisdiction that has addressed the issue.5 The parties’ briefing in this case 5 See Armfield v. State, 918 NE2d 316, 321-22 (Ind 2009); State v. Tozier, 905 A2d 836, 838-39 (Me 2006); State v. Pike, 551 NW2d 919, 922 (Minn 1996); State v. Neil, 350 Mont 268, 270-71 , 20…
examined Cited as authority (rule) State of New Hampshire v. Juan Alberto Monegro-Diaz (3×) also: Cited "see"
N.H. · 2022 · confidence medium
Richter, 145 N.H. at 640-41 (quotation omitted).
discussed Cited as authority (rule) The People v. Andrew R. Bushey
NY · 2017 · confidence medium
Lower courts of this state reached the same conclusion (see People v Davila, 27 Misc 3d 921, 925 [Sup Ct, Bronx County 2010], affd 137 AD3d 655 [1st Dept 2016]; People v Diggs, 38 AD3d 565 , 565 [2d Dept 2007], lv denied 9 NY3d 922 [2007]; People v Brown, 306 AD2d 291, 291 [2d Dept 2003], lv denied 100 NY2d 618 [2003]), as have courts in other states (see People v Goodum, 356 Ill App 3d 1081, 1085-1086, 828 NE2d 835, 840 [2005]; Commonwealth v Muckle, 61 Mass App Ct 678, 681, 814 NE2d 7, 11 [2004]; State v Richter, 145 NH 640, 640-641, 765 A2d 687, 688 [2000]).
discussed Cited as authority (rule) State v. Bell
N.H. · 2012 · confidence medium
It is well settled that, “[i]n order for a police officer to undertake an investigatory stop, the officer must have a reasonable suspicion — based on specific, articulable facts taken together with rational inferences from those facts — that the particular person stopped has been, is, or is about to be, engaged in criminal activity.” State v. Richter, 145 N.H. 640, 641 (2000) (quotation omitted).
discussed Cited as authority (rule) State v. Edmonds
Vt. · 2012 · confidence medium
See State v. Tozier, 2006 ME 105, ¶ 10 , 905 A.2d 836 (holding that, absent contradictory facts, reasonable suspicion *405 of driving with a suspended license existed where ear owner’s license was suspended, even though it was possible that someone of same gender as owner could be driving car); State v. Richter, 765 A.2d 687, 689 (N.H. 2000) (holding that reasonable suspicion of driving with a suspended license existed based solely on officer’s reasonable inference that owner of car was driver of car).
discussed Cited as authority (rule) State Of Iowa Vs. Robert Joseph Vance (2×)
Iowa · 2010 · confidence medium
Compare id. at 321–22 (holding officers may stop a vehicle and investigate the license status of the driver based on information that the owner has a suspended license so long as the officer is unaware of any facts indicating the owner is not driving the vehicle); State v. Tozier, 905 A.2d 836, 839 (Me. 2006) (same); Commonwealth v. Garden, 883 N.E.2d 905, 909 (Mass. 2008) (same); Jones, 678 N.W.2d at 631 (same); Pike, 551 N.W.2d at 922 (same); City of Billings v. Costa, 140 P.3d 1070 , 1073–74 (Mont. 2006) (same); State v. Richter, 765 A.2d 687, 689 (N.H. 2000) (same); Howard, 766 N.E.2d …
discussed Cited as authority (rule) State v. Candelaria
N.M. Ct. App. · 2010 · confidence medium
See, e.g., Vill. of Lake in the Hills v. Lloyd, 227 Ill.App.3d 351 , 169 Ill.Dec. 351 , 591 N.E.2d 524, 526 (1992) (holding that knowledge that the owner’s license was revoked constituted reasonable suspicion for the stop); State v. Tozier, 905 A.2d 836, 839 (Me.2006) (finding that the registered owner’s revoked license supported reasonable suspicion); Commonwealth v. Muckle, 61 Mass.App.Ct. 678 , 814 N.E.2d 7, 11 (2004) (holding that suspension of a registered owner’s driving privileges provides an objective basis for a stop); State v. Pike, 551 N.W.2d 919, 922 (Minn.1996) (concluding t…
discussed Cited as authority (rule) Armfield v. State
Ind. · 2009 · confidence medium
See State v. Tozier, 905 A.2d 836, 838-39 (Me.2006); Commonwealth v. Deramo, 436 Mass. 40 , 762 N.E.2d 815, 818 (2002); State v. Pike, 551 N.W.2d 919, 922 (Minn.1996); State v. Halvorson, 299 Mont. 1 , 997 P.2d 751, 753 (2000); State v. Richter, 145 N.H. 640 , 765 A.2d 687, 689 (2000).
cited Cited as authority (rule) State v. Hess
N.C. Ct. App. · 2007 · confidence medium
State v. Richter, 765 A.2d 687, 689 (N.H. 2000).
examined Cited as authority (rule) State v. Reno (3×) also: Cited "see"
N.H. · 2004 · confidence medium
The trial court, however, found that Cebollero “learned that the registered owner was under suspension.” “We defer to the factual findings of the trial court on the events leading up to the stop, unless those findings are clearly erroneous ....” Id. at 641 (quotation omitted).
discussed Cited as authority (rule) Commonwealth v. Starr
Mass. App. Ct. · 2002 · confidence medium
See United States v. Walraven, 892 F.2d 972, 973-976 (10th Cir. 1989); Olabisiomotosho v. Houston, 185 F.3d 521, 529 (5th Cir. 1999); State v. Harding, 137 Ariz. 278, 287 (1983); State v. Richter, 145 N.H. 640, 640-641 (2000); State v. Myrick, 282 NJ.
cited Cited as authority (rule) Commonwealth v. Deramo
Mass. · 2002 · confidence medium
App. 3d 351, 352-353 (1992); State v. Pike, 551 N.W.2d 919, 922 (Minn. 1996); State v. Halvorson, 299 Mont. 1, 4-5 (2000); State v. Richter, 145 N.H. 640, 641-642 (2000).
cited Cited "see" Columbia Town Center Title Co. v. 100 Investment Ltd. Partnership
Md. Ct. Spec. App. · 2012 · signal: see · confidence high
See Miller, 362 Md. at 372 , 765 A.2d 687 ("The determination of the existence of a principal-agent relationship is, generally, a question of fact."); Globe Indem.
discussed Cited "see" People v. Jones (2×)
Mich. Ct. App. · 2004 · signal: see · confidence high
See State v. Richter, 145 N.H. 640, 641-642 , 765 A.2d 687 (2000); State v. Pike, 551 N.W.2d 919, 922 (Minn., 1996); Village of Lake in the Hills v. Lloyd, 227 Ill.App.3d 351 , 169 Ill.Dec. 351 , 591 N.E.2d 524 (1992); State v. Panko, 101 Or.App. 6, 9 , 788 P.2d 1026 (1990); State v. Mills, 458 N.W.2d 395, 397 (Iowa App., 1990). [5] As noted, defendant also admitted carrying the weapon when the officer asked him to get out of the car.
discussed Cited "see, e.g." State v. Oryall (2×)
Utah Ct. App. · 2018 · signal: see, e.g. · confidence low
See , e.g. , State v. Richter , 145 N.H. 640 , 765 A.2d 687 , 688 (2000) (holding that an officer's check of "motor vehicle licenses and records" did not constitute a search within the meaning of the state constitution, because "the state is the very body that issues, controls, and regulates such licenses and records" (quotation simplified) ); see also People v. Bushey , 29 N.Y.3d 158 , 53 N.Y.S.3d 604 , 75 N.E.3d 1165 , 1166-68 (2017) (holding that a defendant had no "reasonable expectation of privacy in either his license plate or the information lawfully obtained and accessible through the …
Retrieving the full opinion text from the archive…
The State of New Hampshire
v.
Dirk Richter
No. 99-090.
Supreme Court of New Hampshire.
Dec 28, 2000.
765 A.2d 687
2000 N.H. LEXIS 111
Philip T. McLaughlin, attorney general (N. William Delker, assistant attorney general, on the brief), for the State., Mark M. Rumley, of Londonderry, by brief, for the defendant.
Brock, Broderick, Horton.
Cited by 24 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 65%
Citer courts: Court of Appeals of Kansas (2)

MEMORANDUM OPINION

HORTON, j.,

retired, specially assigned under RSA 490:3. The defendant, Dirk Richter, was stopped while driving and charged with driving after his license was suspended, RSA 263:64 (Supp. 1999), and driving without proof of financial responsibility, RSA 264:2 (1993). The Salem District Court (Korbey, J.), dismissed the charges after determining that the police officer lacked the reasonable suspicion necessary to initiate a traffic stop. The State appeals. We reverse and remand.

The record contains the following facts. On October 21, 1998, a Salem police officer observed the defendant’s vehicle traveling south on Route 28 in Salem and conducted a registration check of its license plate number with the department of motor vehicles. The check indicated that the registered owner of the vehicle had a suspended driver’s license. The police officer did not observe the defendant commit a motor vehicle offense. Based solely on the suspension information, the police officer stopped the defendant.

As a preliminary matter, although not raised by the parties in this case, we “recognize the authority of police to run random[*641] computer checks of passing vehicle licenses, without suspicion of criminal conduct.” State v. Harlow, 933 P.2d 1076, 1079 (Wash. Ct. App. 1997) (collecting cases). Such a check is not a search subject to the protections of the Fourth Amendment to the United States Constitution. See State v. Bjerke, 697 A.2d 1069, 1073 (R.I. 1997) (holding that a defendant had no reasonable expectation of privacy in a motor vehicle license plate). Nor does it constitute a search within the meaning of Part I, Article 19 of the New Hampshire Constitution. “In considering what constitutes a search for purposes of our Constitution, we have stated that a search ordinarily implies a quest by an officer of the law, a prying into hidden places for that which is concealed.” State v. Summers, 142 N.H. 429, 432, 702 A.2d 819, 821 (1997) (quotation and brackets omitted). In no way can the visual inspection of a license plate mounted in public view on the front or rear of a vehicle be considered “prying into hidden places for that which is concealed.” Nor can the officer’s subsequent check of associated motor vehicle licenses and records, when “the state is the very body that issues, controls, and regulates” such licenses and records. Bjerke, 697 A.2d at 1073.

We turn our attention to the question on appeal, whether knowledge that the registered owner of a vehicle has a suspended driver’s license provides the necessary reasonable suspicion for a police officer to initiate a traffic stop of that vehicle. See State v. McBreairty, 142 N.H. 12, 14, 697 A.2d 495, 496 (1997). “In order for a police officer to undertake an investigatory stop, the officer must have a reasonable suspicion — based on specific, articulable facts taken together with rational inferences from those facts — that the particular person stopped has been, is, or is about to be, engaged in criminal activity.” State v. Roach, 141 N.H. 64, 66, 677 A.2d 157, 159 (1996). Reasonable suspicion may be less than the probable cause necessary to support an arrest or citation. See State v. Jaroma, 137 N.H. 562, 566, 630 A.2d 1173, 1175 (1993). We defer to the factual findings of the trial court “on the events leading up to the stop, unless those findings are clearly erroneous; we review de novo, however, the ultimate determination of whether, in view of those findings of historical fact, reasonable suspicion existed.” McBreairty, 142 N.H. at 14, 697 A.2d at 496.

In this case, an officer observed a vehicle, which he properly determined to be registered to an owner who had a suspended driver’s license, being driven on a public roadway. The officer observed nothing that would indicate that the driver was not the owner. It was reasonable for the officer to infer that the driver was[*642] the owner of the vehicle. See Village of Lake in the Hills v. Lloyd, 591 N.E.2d 524, 526 (Ill. App. Ct.) (recognizing common sense presumption that a vehicle is being driven by its owner), appeal denied, 602 N.E.2d 455 (Ill. 1992). Such an inference gave rise to a reasonable suspicion that the driver was committing a violation of RSA 263:64. We therefore conclude that the officer properly initiated a traffic stop to investigate whether the defendant was driving his vehicle in violation of the law. See State v. Pike, 551 N.W.2d 919, 922 (Minn. 1996) (recognizing that where officer has reason to believe owner is not driving, rule does not apply); Village of Lake in the Hills, 591 N.E.2d at 526. We reverse the trial court’s dismissal of the charges and remand for further proceedings consistent with this opinion.

Reversed and remanded.

Brock, C.J., and Broderick, J., concurred.