New Hampshire v. Ruiz

Defendant Felix Ruiz was convicted by jury of misdemeanor receipt of stolen property; namely, a United States passport belonging to someone else. Defendant was suspected of helping others forge identity papers for others. The defendant told a New Hampshire State Trooper that he was paid to perform “backgrounds” on individuals and that the information he obtained was then given to someone else who would generate the false identity documents. During an interview with policy, defendant was “extremely cooperative” with and “polite” to the troopers. As a result, officers offered to release him provided that he produce the minimum amount of cash bail for a misdemeanor charge. The defendant had no cash available, but claimed that his girlfriend could bring it. The troopers allowed him to text his girlfriend, who agreed to come to the DMV with the money. However, the girlfriend never arrived and, after a few hours of waiting, the police decided to transport the defendant to jail and allow his girlfriend to meet him there. Police asked defendant if he would consent to a search of his vehicle. Defendant readily agreed, signing a handwritten consent form that the officer drafted. Police conducted a full search of the vehicle, during which he found a black bag containing, among other items, the passport at issue in this case. On appeal of his eventual conviction, defendant argued the Superior Court erred when it: (1) denied his motion to suppress certain evidence, including his post-Miranda confession; and (2) denied his motion to dismiss based upon insufficiency of the evidence. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Ruiz" on Justia Law