State v. Zeta Chi Fraternity

BROCK, C.J., and BRODERICK, J.,

concurring in part and dissenting in part: We concur in parts I and II of the majority opinion. Because we believe the majority’s interpretation of part I, article 19 of the New Hampshire Constitution as applied in the probation context is in error, we respectfully dissent from part III of the majority opinion.

In the majority’s view, the probation search condition at issue is constitutionally permissible under part I, article 19 even though it allows probation officers the freedom to conduct random, unannounced searches of the person, home, and possessions of…