Bar News - October 21, 2005
Other Key Rulings Authored by Nadeau
In April 2005, Nadeau authored the opinion for a unanimous court upholding as constitutional the procedures used by the legislature and its committees in enacting an education funding bill.
In other opinions which Nadeau authored, the Supreme Court:
- Established, in a unanimous vote that all courtroom proceedings in New Hampshire will be open to the media, including video cameras, unless it can be demonstrated, at an evidentiary hearing, that there is a substantial likelihood of harm to any person involved.
- Reversed a conviction for drug possession, finding that following a lawful traffic stop for speeding, a police officer detained a defendant longer than necessary to write traffic ticket. The court found that this unlawful delay may have “tainted” the defendant’s decision to consent to a search of his person, and car, without a warrant. Nadeau, writing for the court in a unanimous decision, said it was “troublesome” that the police officer, who was Caucasian, searched the defendant, who was African American, but did not search two passengers, who were Caucasian.
- In a 4-1 decision, extended privacy rights in New Hampshire law and reversed a conviction for marijuana possession, saying the defendant had a reasonable “expectation of privacy” when he placed black plastic garbage bags in his driveway on the regular pickup day. Police, acting without a warrant, had searched the garbage bags after finding traces of marijuana.
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