New Hampshire v. Glavan

The State of New Hampshire appealed a superior court order granting defendant Shannon Glavan's motion to suppress evidence seized from her automobile. Defendant was discovered sleeping in the driver's seat in a gas station parking lot. The station had been closed since 11:00 PM; she was discovered at 1:45 AM. The officer that found defendant sleeping shone a light into the car and saw a "loaded syringe containing a clear, reddish liquid" by her leg. The officer believed the syringe to contain narcotics. The officer asked defendant to exit the car, not to touch the syringe to avoid being stuck by the needle. The syringe later tested positive for methamphetamine. Defendant was charged with possession of a controlled substance. In granting her motion to suppress, the trial court concluded there was no recognized automobile exception to the warrant requirement under the State Constitution, and the plain view doctrine did not authorize the officer's warrantless search of defendant’s vehicle. On the facts of this case, the New Hampshire Supreme Court concluded the defendant’s automobile was stopped in transit, and the trial court erred by granting the defendant’s motion to suppress. View "New Hampshire v. Glavan" on Justia Law