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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
State v. Cora
Citation:
167 A.3d 633 (N.H. 2017)Facts
Manchester Police Officer Day stopped Daniel Jesus Cora’s vehicle after it ran a red light and cut off Day’s cruiser. Cora was driving with two passengers. During the stop, Day detected the odor of fresh marijuana and requested backup from Officer Horn. Day asked Cora to exit the vehicle while Horn spoke with the front passenger. When questioned, Cora admitted to sometimes smoking marijuana in his vehicle and acknowledged there were “a couple roaches” inside, but he declined to consent to a search. Horn asked the front passenger to exit and observed from outside the vehicle a tied-off baggie containing brown powdery substance and a cigarette containing leafy green substance near the front passenger doorjamb. Based on their training and experience, the officers believed the baggie contained heroin and the cigarette contained marijuana. Day entered the vehicle and seized both items without obtaining a warrant. Cora was subsequently charged with misdemeanor and felony drug possession.
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