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Possession of Drugs with Intent to Sell / Manufacturing Marijuana — Convictions Reversed

In State v. Stephen Socci, No. 2013-182, a decision released on July 8, 2014, the Court held that police officers and state troopers with the Rockingham County Drug Task Force, Kingston Police Department, and Rockingham County Sheriff Department violated Mr. Socci’s Fourth Amendment right to be free of unreasonable searches and seizures.

  • The officers had marched onto his property without a search warrant, and searched around his garage, finding evidence that he was growing marijuana in the garage.
  • The trial court held that the police did not violate Mr. Socci’s constitutional rights, and upheld the search, causing Mr. Socci to be convicted of two felonies.
  • The Court reversed both felony convictions and remanded for further hearing.
  • Right Vindicated: This case is a huge vindication for the fundamental right of people to be left alone, free of intrusion by the government, on their own property.
  • It’s also Ted Lothstein’s 15th win in the NH Supreme Court!
  • Read the Court’s Opinion in State v. Socci.
  • Read the Appellant brief in State v. Socci. It’s the first brief filed by the Lothstein Guerriero, PLLC firm and our first brief to incorporate color photographs, bringing our firm’s appellate litigation into the 21st century.

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