In the case of the State of New Hampshire v. Sondra Murray, Ms. Murray was charged with disorderly conduct, resisting arrest, and possession of marijuana. She was convicted of the disorderly conduct which violated N.H. Rev. Stat. Ann. § 644:2, and possession of marijuana, which violated N.H. Rev. Stat. Ann. § 318-B:2. The charges were misdemeanors, but were reduced down to violations as required under N.H. Rev. Stat. Ann. § 625:9. The defendant appealed the guilty verdict to the Supreme Court of New Hampshire.
The defendant was a passenger in a car when the driver was arrested for driving on a revoked license. She yelled unknown comments out the window that did not interfere with the arrest of the driver. There were no other people who were in the area to hear or see the defendant’s behavior. The police officer requested to see her identification, which she couldn’t find. The officer informed her he wouldn’t let her drive causing her to become verbally abusive. Her actions were upsetting to the police officer. She was arrested for disorderly conduct and resisting arrest. While being arrested her arm was broken causing her to be permanently impaired. The police officer searched her purse, looking for her identification, and discovered marijuana in a closed film canister. Disturbing the peace is a charge in violation of RSA 644:2, III(a)- He purposely causes a breach of the peace, public inconvenience, annoyance or alarm, or recklessly creates a risk thereof, by: (a) Making loud or unreasonable noises in a public place, or making loud or unreasonable noises in a private place which can be heard in a public place or other private places, which noises would disturb a person of average sensibilities. The defendant argued in her appeal that since she did not meet the requirements of the statute, she should have her conviction overturned. The defendant states she was not in a public place and that her remarks and volume did not interfere with the officer arresting her companion. The defendant did shout profanities at the officer when he told her she could not drive the car since she didn’t have her driver’s license on her. While her behavior did bother the police officer, no one …show more content…
They reviewed the statute as well as the history of it and other cases that applied the law. They referred to the common law of the similar case of People v. O 'Keefe, 218 Mich. 1, 187 N.W. 282 (1922) for comparison. That court ruled there was no disturbance of the peace for the reason that only the police officer witnessed the behavior and there was no one else around to be disturbed. Upon review of the Model Penal Code, it also states that there must be an inconvenience to the public for disorderly conduct to apply. The court stated in that there was no public inconvenience, and with the lack of a witness to show someone other than the police officer was being disturbed, there was no breach of the peace, public inconvenience, annoyance or alarm. Therefore, the requirements needed to violate the statute do not exist. The Supreme Court of New Hampshire overturned Ms. Murray’s conviction. The court also stated that as a result of the conviction being overturned there is no need to address the defendant’s issue with the constitution or the issue to amend her appeal for reasonable
The defendant was a passenger in a car when the driver was arrested for driving on a revoked license. She yelled unknown comments out the window that did not interfere with the arrest of the driver. There were no other people who were in the area to hear or see the defendant’s behavior. The police officer requested to see her identification, which she couldn’t find. The officer informed her he wouldn’t let her drive causing her to become verbally abusive. Her actions were upsetting to the police officer. She was arrested for disorderly conduct and resisting arrest. While being arrested her arm was broken causing her to be permanently impaired. The police officer searched her purse, looking for her identification, and discovered marijuana in a closed film canister. Disturbing the peace is a charge in violation of RSA 644:2, III(a)- He purposely causes a breach of the peace, public inconvenience, annoyance or alarm, or recklessly creates a risk thereof, by: (a) Making loud or unreasonable noises in a public place, or making loud or unreasonable noises in a private place which can be heard in a public place or other private places, which noises would disturb a person of average sensibilities. The defendant argued in her appeal that since she did not meet the requirements of the statute, she should have her conviction overturned. The defendant states she was not in a public place and that her remarks and volume did not interfere with the officer arresting her companion. The defendant did shout profanities at the officer when he told her she could not drive the car since she didn’t have her driver’s license on her. While her behavior did bother the police officer, no one …show more content…
They reviewed the statute as well as the history of it and other cases that applied the law. They referred to the common law of the similar case of People v. O 'Keefe, 218 Mich. 1, 187 N.W. 282 (1922) for comparison. That court ruled there was no disturbance of the peace for the reason that only the police officer witnessed the behavior and there was no one else around to be disturbed. Upon review of the Model Penal Code, it also states that there must be an inconvenience to the public for disorderly conduct to apply. The court stated in that there was no public inconvenience, and with the lack of a witness to show someone other than the police officer was being disturbed, there was no breach of the peace, public inconvenience, annoyance or alarm. Therefore, the requirements needed to violate the statute do not exist. The Supreme Court of New Hampshire overturned Ms. Murray’s conviction. The court also stated that as a result of the conviction being overturned there is no need to address the defendant’s issue with the constitution or the issue to amend her appeal for reasonable