THE STATE OF NEW HAMPSHIRE

SUPREME COURT

 

In Case No. 2000-524, State of New Hampshire v. Charles Novak, the court on July 17, 2002, issued the following order:

The defendant moved to reconsider the scope of the remand in this case, arguing that the State should not be allowed on remand to raise the issue of whether the seizure and subsequent search were constitutionally permissible under the "community caretaking" exception to the warrant requirement. Thereafter, the court was informed that the State has entered a nolle prosequi on the charge against the defendant. Thus, the issue of whether the State may raise the argument that the seizure and subsequent search were constitutionally permissible under the "community caretaking" exception to the warrant requirement is moot. Accordingly, the court modifies the slip opinion dated April 15, 2002, by deleting the last full paragraph on the last page of the opinion (that being the paragraph that begins with the words "In light of our holding" and ends with the words "it may consider this argument."). In all other respects the motion to reconsider scope of remand and the request to withdraw motion to reconsider scope of remand are denied.

Brock, C.J., and Nadeau and Dalianis, JJ., concurred; Batchelder, J., retired, specially assigned under RSA 490:3, concurred.

Eileen Fox,

Clerk