State v. Donovan

The defendant appeals his conviction for possession of marijuana, subsequent offense, RSA 318-B:2, and presents the following issues for our review: (1) whether the Trial Court (Thayer, J.) erred in denying the defendant’s motion to suppress evidence obtained in a search conducted after placing the defendant in protective custody under RSA 172-B:3 (Supp. 1985), where no arrest had been made; and (2) whether the trial court committed prejudicial error by instructing the jury that the State must prove that the defendant knowingly possessed the marijuana “either when he came into possession of…