STATE v. DEARBORN

No. 6665.

114 N.H. 457 (1974)

STATE OF NEW HAMPSHIRE v. ROGER M. DEARBORN.

Supreme Court of New Hampshire.

July 19, 1974.


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, and Thomas D. Rath, attorney (Mr. Rath orally), for the State.

Anthony McManus, by brief and orally, for the defendant.


KENISON, C.J.

The main issue in this case is whether exigent circumstances accompanied the seizure of a quantity of marijuana from an automobile so as to eliminate the requirement of a warrant. The defendant was indicted for allegedly possessing marijuana in an amount over one pound in violation of RSA 318-B:26 I (c) (Supp. 1973). In advance of trial he moved to suppress the evidence on the grounds that the warrantless search was illegal. A hearing on the motion was...

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