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NH: Plain view inadvertency requirement abolished under state constitution as to drugs, weapons, and other items ?dangerous in themselves?

By John Wesley Hall, Jr.

Plain view inadvertency requirement abolished under state constitution as to drugs, weapons, and other items “dangerous in themselves.” State v. Nieves, 2010 N.H. LEXIS 42 (May 6, 2010): Some state courts have followed Horton and completely abolished the inadvertency requirement. See, e.g., State v. Loh, 914 P.2d 592, 600 (Mont. 1996); State v. Julius, 408 S.E.2d 1, 7 (W. Va. 1991). Hawaii and Massachusetts have declined to follow Horton and continue to require inadvertency. See Com. v. Balicki, 762 N.E.2d 290, 298 (Mass. 2002); State v. Meyer, 893 P.2d 159, 165 n.6 (Haw. 1995). A few courts have recognized the exception for objects that are “contraband,” “stolen,” or “dangerous in themselves” set out in Coolidge, 403 U...continue to full post

Full post as published by Fourth Amendment on May 07, 2010 (boomark / email).