State Of New Hampshire V. Brenden Mcewen

STATE OF NEW HAMPSHIRE SUPERIOR COURT Merrimack, ss STATE OF NEW HAMPSHIRE v. BRENDEN MCEWEN 217-2021-CR-00449 …[T]ransportation to and investigative detention at the station house without probable cause or judicial authorization together violate the Fourth Amendment. -Hayes v. Fla., 470 U.S. 811, 815 (1985) Involuntary transport to a police station for questioning is sufficiently like arrest to invoke the traditional rule that arrests may constitutionally be made only on probable cause. -Kaupp v. Texas, 538 U.S. 626, 630 (2003) (internal citation, quotation marks and bracketing omitted) …[T]he State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission...