State v. Harlow

This is an interlocutory transfer without ruling from the Nashua District Court (Harkaway, J.). At issue is the scope of a search which may be conducted upon an “intoxicated” or “incapacitated” person who has been taken into police custody pursuant to RSA 172-B:3 (Supp. 1981).

The district court submitted a statement of facts concerning the events leading up to the search of the defendant. This statement indicates that on September 5, 1981, the Nashua police observed the defendant, David E. Harlow, Jr., walking unsteadily near the corner of Canal and Main Streets in Nashua. A police officer…