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Thu October 4, 2012
N.H. Court Says Police Search Was Unconstitutional
The New Hampshire Supreme Court is reversing a drug conviction, saying Haverhill police went beyond the bounds of a search warrant to check for guns in a convicted felon's home.
The court reversed the convictions of 20-year-old Logan Schulz for being an accomplice to cocaine possession and intent to sell, saying the search that detected the cocaine was unconstitutional.
Police went to the home Schulz shares with his mother, Karla Schulz, in October of 2010 to serve her with a warning against trespass and harassment. While there an officer noticed three long guns, which could be unlawful for Karla Schulz to possess as a convicted felon.
Armed with a search warrant, police determined the guns were BB guns and legal, but continued to search the home and found cocaine.