[Download] "State New Hampshire v. Danny Slade" by Supreme Court of New Hampshire # Book PDF Kindle ePub Free
eBook details
- Title: State New Hampshire v. Danny Slade
- Author : Supreme Court of New Hampshire
- Release Date : January 30, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendant, whose guilt is plain, insists his conviction for possession of lottery slips must be upset because, he claims, the proof was illegally obtained. The evidence was acquired by a search of his person under a warrant directing a search of a specifically described automobile "and all persons found therein." Defendant was a passenger in the car. The trial court denied the motion to suppress. The Appellate Division reversed the conviction, holding there was no basis for a warrant for a search of passengers notwithstanding the existence of a basis for a search of the automobile. One judge dissented, saying that although "all persons found therein" was not sufficiently descriptive to satisfy the Fourth Amendment, he would remand the matter to determine whether, apart from the warrant, the officer reasonably believed defendant was participating in the criminal affair at the time of the search. The State appealed to us as of right. R. 2:2-1(a).