The defendant, Claudio Berrocales, was convicted of possession of a controlled substance with intent to sell. See RSA 318-B:2, :26 (1995). On appeal, he argues that the Superior Court (Manias, J.) erroneously denied his motion to suppress evidence seized during a warrantless search of his apartment by a probation officer. We affirm.
The defendant, in his brief and at oral argument, concedes that a warrant is not always required to search a probationer’s residence. He acknowledges that “[a] state may by regulation authorize warrantless probation searches, i.e., may promulgate a regulation that itself forms an exception to the warrant requirement,” but see Com. v. LaFrance,
We address the defendant’s claim first under the State Constitution, see State v. Ball,
Probation conditions, which “are intended to ensure fulfillment of the twin goals of the probation system: rehabilitation of the probationer and protection of the public,” United States v. Hill,
Having determined that under certain conditions a warrantless search of a probationer’s home is justified under part I, article 19, we turn to the defendant’s argument that Rule 107(h) is constitutionally infirm. In keeping with our long-standing policy not to “decide questions of a constitutional nature unless absolutely necessary to a decision of the case,” Ashwander v. Tennessee Valley Authority,
We hold that in this case, the decision to search the defendant’s apartment was properly made on the basis of a reasonable suspicion that he had violated the terms of his probation. See, e.g., United States v. Giannetta,
Therefore, we hold that the trial court did not err in denying the defendant’s motion to suppress because probation officials had a reasonable suspicion, based on specific and articulable facts, to believe that' the defendant had violated the terms of his probation.
Affirmed.
