STATE v. NIEVES

No. 2009-402.

999 A.2d 389 (2010)

The STATE of New Hampshire v. Soiluis NIEVES.

Supreme Court of New Hampshire.

Opinion Issued: May 6, 2010.


Attorney(s) appearing for the Case

Michael A. Delaney, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

Pamela E. Phelan, assistant appellate defender, of Concord, on the brief and orally, for the defendant.


DUGGAN, J.

The defendant, Soiluis Nieves, was charged with possession of a controlled drug with intent to sell and conspiracy to commit sale of a controlled drug. See RSA 318-B:2 (Supp.2008); RSA 629:3 (2007). The State appeals an order of the Superior Court (Hicks, J.) granting the defendant's motion to suppress evidence seized under the "plain view" exception to the warrant requirement. We reverse and remand.

The following facts were found...

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