Supreme Court of New Hampshire December 10, 2004, No. 2003-821 (State v. Watson)

NADEAU, J.,

concurring specially. The majority concludes that the defendant, while seized, was not in custody. In dicta, the majority notes that “the fact that the defendant is in custody may weigh heavily against a finding of valid consent and that the use of a written consent form may be an important factor when evaluating the totality of the circumstances.” (Citations omitted.