WARRANTLESS SEARCHES CAN BE REFUSED

CONCORD (AP) - Police officers should inform citizens of their right
to refuse warrantless searches, the state Supreme Court reiterated
Thursday.

The court's reiteration stems from a May 1999 incident, when Dorian
Hight, who is black, was pulled over by a Chesterfield police officer
for speeding and for a broken taillight. The officer determined
Hight's license and car registration were valid, but held onto them
and asked to search him and the vehicle.

Hight consented, and the officer found a small amount of marijuana
and rolling papers on him. Hight was arrested and later convicted in
Keene District Court of drug possession.

The high court reversed his conviction and returned the case to the
lower court.

The court said evidence taken during the search should have been
suppressed. Because the officer had no reason to detain Hight after
his license checked out, Hight gave his consent to the search while
he was unlawfully detained - which made it less likely his consent
was given freely, the court said.

"Given the seamless transition from the valid traffic stop to the
unlawful detention and subsequent consent, there is a serious risk
that the defendant felt some compulsion to consent because he
believed he was still under the lawful authority of the officer at
the time the officer requested his consent," the court said.

The court also expressed concern that Hight seemed to be singled out
- - the officer did not search Hight's two white passengers.