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The defendant, Kendrick Hoskins, is charged with one count of possession of cocaine with intent to distribute, one count of possession of crack cocaine, and one count of resisting detention. Presently before the court is the defendant’s motion to suppress evidence seized as the result of an investigative stop of a vehicle in which he was a passenger. I conclude that the motion must be denied.

The defendant, Shawn Proulx, is charged with one count of possession of a controlled drug with the intent to sell. He moves to suppress evidence obtained from an allegedly unlawful search and seizure, The State objects. The Court held a hearing on this motion on March 10, 2008. The Court heard the testimony of Lieutenant Paul Poirier (`Lieutenant Poirier"), Officer Thomas Prentice (”Officer Prentice"), Detective Scott Park ("Detective Park"), Dispatcher James Connelly ("Dispatcher Connelly") of the Merrimack Police Department as well as Stephanie Hooper ("Hooper") from The Telegraph and the defendant. For the reasons set forth herein, the Motion to Suppress is GRANTED.

The defendant moves to suppress evidence obtained as a result of his seizure, asserting that he was illegally seized in violation of his rights under part I, article 19 of the New Hampshire Constitution and the Fourth Amendment of the United States Constitution. Specifically, the defendant contends that the police officers did not have the necessary "reasonable and articulable suspicion" to seize his vehicle and requests that all evidence obtained as a result of that seizure be suppressed. The State objects. The relevant facts are as follows.