New Hampshire v. Marquis
Annotate this CaseThe State appealed a superior court’s grant of a motion to suppress statements made by defendant Caleb Marquis. Marquis was charged with several felonies relating t first- and second-degree burns to his girlfriend’s 16-month-old child in his care. The trial court ruled that defendant was subject to custodial interrogation at the time he gave the statements, and, because he was not given Miranda warnings, those statements were obtained in violation of his right against self-incrimination. The State contended that the entire interview should not be suppressed because, even if it became accusatory, it was not accusatory from start to end. The New Hampshire Supreme Court agreed after review of the record that the first few minutes of the interview were not accusatory and should not have been suppressed. Once an officer told defendant “it looks like you’re trying to be deceitful” and that “it potentially could be a criminal matter,” the interview became sufficiently accusatory that a reasonable person would believe himself to be in custody, and all subsequent statements should have been suppressed. Accordingly, the Supreme Court reversed the trial court’s suppression order as to the statements made by the defendant prior to these two statements by the officer, but otherwise affirmed the court’s decision.
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