Home » NH Angle

August 16. 2013 2:57PM

Court: Trooper used bogus electric bill comparison to justify pot search

After hearing the parties' arguments, the district court held that the suppression of the search of the target residence was warranted under Franks v. Delaware, 438 U.S. 154 (1978), because the affiant made a material omission from the search warrant affidavit in reckless disregard for the truth. Specifically, the court found that the affiant recklessly omitted from his affidavit the fact that the comparator house at 34 South Road was one-third the size of the target house. The district court found this omission to be material because, in its view, if the information about 34 South Road had been included in the affidavit, that affidavit would have failed to establish probable cause for a search.

CLICK TO VIEW THE SOURCE MATERIAL

LATEST NEW HAMPSHIRE ANGLE

An aggregation of NH information by the staff and audience of the New Hampshire Union Leader, The Goffstown News, The Bedford Bulletin, The Hooksett Banner and The Salem Observer. Share a news link or start a discussion.
`

 New Hampshire Events Calendar
  

   » SHARE EVENTS FOR PUBLICATION, IT'S FREE!

Arts and Entertainment
Family, Community and Culture
Outdoors, Sports and Recreation