Rockingham County Attorney
State of New Hampshire

 

MARCH

2010

ISSUE 3

VOLUME XIII

SENTENCING

HEARINGS

 

WARRANTLESS VEHICLE SEARCHES

 

STAFF NEWS

The Rockingham Superior Court will be closed on 4/2/10, 4/30/10, and 5/28/10 as a cost saving measure mandated by the State.  The court house will remain open as The Registry of Deeds and the County Attorney’s office will be open for business as usual.  Governor Lynch has requested 14 additional furlough days in 2010.  There are no criminal jury trials scheduled for July 2010.  Call or e-mail our office if you have a question on an upcoming case.

CASE NEWS

3/1/10-Wool, Anthony-CRIMINAL THREATENING

3/2/10-Musanovic, Edisa-OBTAINING CONTROLLED DRUG BY DECEIT

3/3/10-Scamman, Justin-DISPENSING A CONTROLLED DRUG

3/4/10-Bosch, Alonso-HO/DRIVING AFTER CERTIFIED

3/9/10-Faro, Stephen-THEFT BY UNAUTHORIZED TAKING

3/11/10-Guzman, Lawrence-THEFT BY UNAUTHORIZED TAKING

3/15/10-Cellucci, Louis-CONSPIRACY TO SELL A CONTROLLED DRUG

3/22/10-McLoughlin, Doreen-POSSESSION OF A CONTROLLED DRUG

3/24/10-Strong, Timothy-BURGLARY

3/26/10-Jordan, James-UTTER FALSE RX

3/29/10-Emery, Lester-NEGLIGENT HOMICIDE

ARIZONA VS GANT

A US Supreme Court ruling in Arizona V Gant has limited the scope of automobile searches.  They ruled that a vehicle search incident to a recent occupant’s arrest is NOT authorized after the arrestee has been secured and can’t access the passenger compartment of the vehicle.  While it limits and officer’s ability to search based on proximity, the court stated that an officer is permitted to conduct   vehicle search when an arrestee is within reaching distance of the vehicle.  Also, if it is reasonable to believe the vehicle contains evidence of the offense or warrant.

The court lists certain exceptions that still apply and are available to all officers. 

*Frisk for weapons. Permits officers to search a vehicle’s passenger compartment when there is a reasonable suspicion that an individual, not necessarily the defendant, is dangerous and might access the vehicle to gain immediate control of weapons.

* Probable cause of evidence of a crime. Where there is probable cause to believe a vehicle contains evidence of criminal activity.  This exception does not rely upon an arrest for justification. 

* Protective sweep.  This exception occurs where safety or evidentiary interests would justify a search, such as a limited protective sweep of an area where an officer reasonably suspects a dangerous person may be hiding.  From a vehicle perspective, this exception may be applicable when dealing with larger vehicles such as multi-passenger vans, motor homes, and buses.  Although not mentioned in the opinion, the easiest of all exceptions to the search warrant requirement is getting consent.