State v. Canelo

On February 21, 1992, a justice of the Superior Court (Dalianis, J.) issued a warrant authorizing the police to search the defendant’s apartment and his person. Based on evidence seized pursuant to the search, the defendant was charged with possession of cocaine with intent to distribute in violation of RSA 318-B:2 (Supp. 1993). Following a hearing, the Superior Court (Murphy, J.) granted the defendant’s motion to suppress, finding that the search was based on a warrant issued in violation of part I, article 19 of the New Hampshire Constitution. We affirm.

The State appeals, raising two issues…