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12/30/88 STATE NEW HAMPSHIRE v. STEPHEN GIGAS

December 30, 1988

THE STATE OF NEW HAMPSHIRE
v.
STEPHEN GIGAS



SYLLABUS BY THE COURT

1. Searches and Seizures--Warrantless Searches--Exigent Circumstances

Where trial court did not address the question of exigent circumstances in denying motion to suppress evidence seized pursuant to a non-consensual warrantless entry and subsequent arrests at a co-defendant's residence, case was remanded for the trial Judge's consideration of that issue.

The opinion of the court was delivered by: Brock

The defendant appeals from his conviction in the Superior Court (Nadeau, J.) for the sale of cocaine and for possession with intent to distribute cocaine under RSA 318-B:2, :26. He argues that the trial court erred in denying his motion to suppress evidence seized pursuant to a non-consensual warrantless entry and subsequent arrests at a co-defendant's residence, without finding exigent circumstances. Because exigent circumstances must be present to justify a non-consensual warrantless entry and arrest, and because ...


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