Drug conviction reversed, evidence acquired illegally

CONCORD, N.H. (AP) — The New Hampshire Supreme Court on Thursday reversed a man’s marijuana possession conviction, saying that evidence obtained by police during two warrantless searches was unlawfully acquired, and a search warrant produced later relied on that evidence.

The court ruled in the case of Daniel Davis. In 2019, the Conway Police Department received a tip that marijuana was being grown inside his home. Two officers smelled the odor of marijuana as they approached his home. They knocked and identified themselves to Davis when he asked, then asked him to come to the door. When they received no response and started to walk away, they heard loud “crashing” and “banging” noises coming from inside. They returned, entered, found evidence of marijuana cultivation, and arrested Davis.

The officers subsequently obtained a search warrant, searched the home, and seized evidence, including marijuana plants. Based in part on that evidence, a grand jury indicted Davis on a drug possession charge, and he was eventually convicted.

Davis moved to suppress the evidence, saying it was obtained illegally and in violation of his constitutional rights. A judge concluded the officers’ entry was lawful, but the state supreme court disagreed.

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