State v. Sprague

The defendant, Charles H. Sprague, III, was convicted at a nonjury trial in the Superior Court on an indictment charging unlawful possession of marijuana. The state’s case was based on evidence taken from the defendant’s person by a police officer, and the defendant’s challenge to the validity of that search and seizure was rejected at a pretrial suppression hearing on the ground that he had consented to what otherwise would have been an unconstitutional invasion. The case is now here on the defendant’s appeal, and the only substantial assignment of error is to the validity of the search.

While…