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Author Topic: NH Supreme court justices actually use their noodle  (Read 1391 times)

Bazil

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NH Supreme court justices actually use their noodle
« on: December 03, 2010, 10:44:59 am »

http://www.nashuatelegraph.com/news/900982-196/court-uproots-farmers-marijuana-conviction.html
Quote
The state Supreme Court effectively reversed Lull Farm owner David Orde’s marijuana conviction Tuesday, finding that a Hollis Police officer violated his privacy while trying to serve notice of a lapsed dog license.

Chief Justice nominee Linda Dalianis dissented from Judge Gary Hicks’ ruling, arguing that Orde had no reasonable expectation that the deck alongside his house was a private space.

The court’s four other justices agreed that the marijuana plants police found there and Orde’s subsequent statements to police could not be used as evidence against him, however.

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The Ordes were arrested on the felony marijuana-growing charges July 29, 2008, after Hollis Police Officer Angel Corrado went to their home at 2 Blood Road to serve Orde with a complaint for failing to license his dog. No one answered at the door, so Corrado walked around to the side of the house, where he spotted 16 marijuana plants growing in pots on a deck.

Police then reached Orde at the farm, and asked him to come to the house. Orde admitted to growing the marijuana plants, saying he was “stupid” for doing so, but that police were “ridiculous” to arrest him for it, according to court records.



I'm surprised the decision went the right way.  In a lot of places the police can fly over you house and take pictures and arrest you based on that. Although I'm not sure they may need to come on your property with a search warrant after they examine the picture.

On a side note Lull's is one of the highest rated "frame stands" in the country. Now we know why ;)
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