BROCK, C. J.
The defendant, Charles Novak, was convicted after a jury trial in Superior Court (McGuire, J.) of possession of a narcotic drug, a class B felony. See RSA 318-B:2 (1995) (amended 2000); RSA 318-B:26, II(a) (1995). He appeals, arguing that the protective custody statute, RSA 172-B:3, VII (1994), authorizing the search of his bag, did not apply to him because he was not intoxicated by alcohol. We vacate and remand.
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