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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.
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