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Author Topic: NH Supremes Uphold Garbage Privacy in Drug Case  (Read 6619 times)

SethA

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NH Supremes Uphold Garbage Privacy in Drug Case
« on: October 03, 2003, 10:14:28 am »

In a decision that flies in the face of Federal Court rulings, the New Hampshire Supreme Court just issued a ruling that protects the privacy of garbage put out for collection. Here is a link to an article about the ruling.  http://www.cmonitor.com/stories/front2003/093003_use_privacy_2003.shtml
« Last Edit: October 03, 2003, 12:14:22 pm by SLA »
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Reaper

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Re:NH Supremes Uphold Garbage Privacy
« Reply #1 on: October 03, 2003, 10:45:37 am »

I saw this a few days ago.

Strange, but another good thing.
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SethA

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Re:NH Supremes Uphold Garbage Privacy in Drug Case
« Reply #2 on: October 03, 2003, 12:22:12 pm »

I think this ruling was announced Monday but it kind of got lost in all the FSP news. It's an interesting ruling and very favorable. They ruled against police who search a man's garbage put out for collection. They had searched it twice and found marijuana residue on some tools, then used that info to get a search warrant for the house where they found plants.

Because of conflicting rulings in other states and Federal Courts this ruling probably won't set any precedents outside of New Hampshire but hopefully it will hold in NH.
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jgmaynard

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Re:NH Supremes Uphold Garbage Privacy in Drug Case
« Reply #3 on: October 04, 2003, 10:36:47 am »

I thought about posting this when it first came out, but decided not to, because people might have thought I was pandering for votes after the voting.  :-\
But, basicially, the NH supremes ruled that NH citizens have a greater expectation of privacy under the NH Constitution than is afforded under the US one.
Another step in the right direction.

JM
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