State v. Mandravelis
| Decision Date | 30 September 1974 |
| Docket Number | No. 6925,6925 |
| Citation | 325 A.2d 794,114 N.H. 634 |
| Parties | STATE of New Hampshire v. Paul G. MANDRAVELIS. |
| Court | New Hampshire Supreme Court |
Warren B. Rudman, Atty. Gen., and David W. Hess, Asst. Atty. Gen., for State of New Hampshire.
David M. Gottesman, Nashua, by brief and orally, for defendant.
The issues in this case are whether the magistrate who issued the search warrant was 'neutral and detached' and whether the affidavit contained sufficient information to support the issuance of the warrant.
The warrant was issued by a justice of the Nashua District Court on the following affidavit:
'1. That the Narcotics and Vice Division of the City of Nashua, has received reliable information from informants who have proven their reliability in the past, stating that one Paul G. Mandrevelis, Date of birth, 5 September 1948, is dealing in marijuana in small and large quantities, and is also dealing in other types of diverse drugs.
2. That on 18 December 1973, standing and rolling surveillances were maintained by Detectives of the Narcotics and Vice Division, during which time known drug users and drug dealers have been entering and leaving the home of the said Paul Mandrevelis, DOB 5 September 48, situated at 2 Bennett Street, first floor, south side apartment, Nashua, New Hampshire.
3. That on 28 December 1973, the Narcotics and Vice Division received reliable information, that in the apartment of Paul G. Mandrevelis, which is situated at 2 Bennett Street, Nashua, New Hampshire, first floor, south side of stated building, that the C.I. did observe a quantity of Marijuana, and other diverse drugs, in said apartment.
4. Based on the information supplied above and upon my own personal knowledge and belief, there is probable cause to believe that contained in the apartment of Paul Mandrevelis, DOB 5 September 48, which is situated at 2 Bennett Street, Nashua, New Hampshire, first floor, south side of stated building, is contraband in the form of Cannabis Sativa L. (Marijuana), and other diverse controlled drugs as cited in New Hampshire Revised Statutes Annotated 318-B. Controlled Drug Act.'
In executing the warrant, the police found and seized certain drugs in defendant's home and charged him with possession of marijuana in excess of a pound contrary to RSA 318-B:26 (Supp.1973) and possession of LSD with intent to sell contrary to RSA 318-B:2 (Supp.1973). Defendant moved to suppress all physical evidence and any statements or admissions resulting from the search on the ground that the warrant was invalid. The motion was denied by another Justice (Gormley, J.) who transferred defendant's exceptions.
Defendant first contends that since the issuing magistrate, before becoming a judge, had as a lawyer represented the defendant on several criminal charges, some of which resulted in convictions and sentence to jail, and also had knowledge that the defendant had had problems with drugs when younger, he was not a 'neutral and detached' magistrate as required by the Constitution of the United States under Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). There the Court adopted a per se rule of disqualification when the warrant had been issued by the attorney general, the State's chief law enforcement officer, who not only was actively in charge of the investigation of the case but who would also be the chief prosecutor. He was therefore performing two inconsistent functions. No comparable situation is alleged here so as to call for the application of a per se rule of disqualification. State v. Salsman, 112 N.H. 138, 290 A.2d 618 (1972). In addition, the denial of the...
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State v. Sands
...2317, 2332, 76 L.Ed.2d 527 (1983); see also State v. Beaulieu, 119 N.H. 400, 403, 402 A.2d 178, 180 (1979); State v. Mandravelis, 114 N.H. 634, 637-38, 325 A.2d 794, 795-96 (1974). Affidavits in support of search warrants must be read, tested and interpreted in a realistic fashion and with ......
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State v. Bradberry
...the affidavit submitted in support of the application for a warrant failed to satisfy the requirements of either State v. Mandravelis, 114 N.H. 634, 325 A.2d 794 (1974) or Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Initially, the State argues that the defendant ......
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State v. Thorp
...114, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); State v. Moreau, 113 N.H. 303, 307, 306 A.2d 764, 766 (1973); see State v. Mandravelis, 114 N.H. 634, 637, 325 A.2d 794, 796 (1974). While Aguilar supra and Spinelli supra indicate that the requirements of general credibility and reliability are 'a......
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State v. Greely
...was corroborated by a conversation between a member of the narcotics bureau, the informant, and Greely. State v. Mandravelis, 114 N.H. 634, 637-38, 325 A.2d 794, 796 (1974); United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 The affidavit also stated that a parcel mailed......