Cited by

Opinions in New Hampshire that cite State v. Marcotte, 459 A.2d 278.

21 citing documents.

  • State of New Hampshire v. Wilfred Bergeron N.H. 2016
    4 “A lapse of time, alone, between a suspected crime and the issuance of a warrant is not conclusive as to probable cause; rather it must be considered with all the other circumstances, including the nature of the criminal activity and the items sought.” State v. Marcotte, 123 N.H. 245, 248 (1983).
  • State v. Fish 703 A.2d 1377 N.H. 1997
    However, “they need not establish with certainty, or even beyond a reasonable doubt, that the search will lead to the desired result.” State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 280 (1983).
  • State v. Kirsch 662 A.2d 937 N.H. 1995
    Where, as here, the passage of time between the suspected criminal activity and the application for the warrant is at issue, other circumstances, such as the nature of the activity and the items sought, must also be considered in determining whether probable cause exists.
  • State v. Decoteau 623 A.2d 1338 N.H. 1993
    Accordingly, we “interpret the evidence submitted in support of a warrant in a commonsense manner, giving due consideration to the preference to be accorded warrants.” State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 280 (1983).
  • State v. Carroll 552 A.2d 69 N.H. 1988
    that what is sought, if not contraband or fruits or implements of a crime, will ‘aid in a particular apprehension or conviction.’” State v. Jaroma, 128 N.H. 423, 428, 514 A.2d 1274, 1277 (1986) (quoting State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 279-80 (1983) (citation omitted)).
  • State v. Hazen 552 A.2d 77 N.H. 1988
    Indeed, complete certainty has never been required by this court when determining whether probable cause to search exists.
  • State v. Valenzuela 536 A.2d 1252 N.H. 1987
    Speaking of the probable cause as “stale” in such a case merely reflects the requirement that “the police must show that at the time of the application for the warrant there is a substantial likelihood of finding the [evidentiary material specified].” State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 280 (1983).
  • State v. Maguire 523 A.2d 120 N.H. 1987
    that what is sought, if not contraband or fruits or implements of a crime, will “aid in a particular apprehension or conviction.” ’ ” State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 279-80 (1983) (quoting State v. Doe, 115 N.H. 682, 685, 371 A.2d 167, 169 (1975)).
  • State v. Bradberry 522 A.2d 1380 N.H. 1986
    To obtain a search warrant, the police must show that at the time of the application for the warrant there is a substantial likelihood of finding the items sought; they need not establish with certainty, or even beyond a reasonable doubt, that the search will lead to the desired result.” State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 279-80 (1983) *74 (quoting State v. Doe, 115 N.H. 682, 685, 371 A.2d 167, 169 (1975)) (citations omitted).
  • State v. Jaroma 514 A.2d 1274 N.H. 1986
    To obtain a search warrant, the police must show that at the time of the application for the warrant there is a substantial likelihood of finding the items sought; they need not establish with certainty, or even beyond a reasonable doubt, that the search will lead to the desired result.” State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 279-80 (1983) (quoting State v. Doe, 115 N.H. 682, 685, 371 A.2d 167, 169 (1975)).
  • State v. Grimshaw 515 A.2d 1201 N.H. 1986
    We have held that in order “[t]o obtain a search warrant, the police must show that at the time of the application for the warrant there is a substantial likelihood of finding the items sought; they need not establish with certainty, or even beyond a reasonable doubt, that the search will lead to the desired result.” State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 280 (1983).
  • Quincy Mutual Fire Insurance v. Croteau 506 A.2d 303 N.H. 1986
    State v. Marcotte, 123 N.H. 245, 247, 459 A.2d 278, 279 (1983); Hampton Indoor Tennis Ctr., Inc. v. St.
  • State v. Westover 497 A.2d 1218 N.H. 1985
    Even if there were insufficient substantiation of the reliability and credibility of the informant, there would remain a substantial likelihood of finding drugs at the defendant’s residence.
  • State v. Mayo 497 A.2d 853 N.H. 1985
    We do not address additional arguments or the remaining issue raised in the defendant’s brief because they are not properly before us. See State v. Marcotte, 123 N.H. 245, 247, 459 A.2d 278, 279 (1983) (failure to submit original affidavit to the court); State v. Hebert, 122 N.H. 1089, 1090, 453 A.2d 1310, 1311 (1982) (failure to provide transcript of a hearing).
  • State v. Faragi 498 A.2d 723 N.H. 1985
    The State must support an application for a search warrant “with evidence of probable cause in order to demonstrate to the issuing magistrate that there is a substantial likelihood of finding incriminating evidence at the place to be searched.” State v. Maya, 126 N.H. 590, 596, 493 A.2d 1139, 1144 (1985); State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 280 (1983).
  • State v. Maya 493 A.2d 1139 N.H. 1985
    A search warrant application must be supported with evidence of probable cause in order to demonstrate to the issuing magistrate that there is a substantial likelihood of finding incriminating evidence at the place to be searched.
  • State v. Bell 480 A.2d 906 N.H. 1984
    State v. Carroll, 120 N.H. 458, 460-61, 417 A.2d 8, 10 (1980); see State v. Marcotte, 123 N.H. 245, 247, 459 A.2d 278, 279 (1983).
  • State v. Andrews 480 A.2d 889 N.H. 1984
    In conclusion, we note that the passage of time is but one factor in determining the existence of probable cause.
  • State v. Sheedy 474 A.2d 1042 N.H. 1984
    These requirements would be in addition to the minimum constitutional requirements for the issuance of a search warrant.
  • State v. Sands 467 A.2d 202 N.H. 1983
    will ‘aid in a particular apprehension or conviction.’” State v. Doe, 115 N.H. 682, 685, 371 A.2d 167, 169 (1975) (citations omitted); see State v. Marcotte, 123 N.H. 245, 248, 459 A.2d 278, 279-80 (1983); see also Zurcher v. Stanford Daily, 436 U.S. 547, 556-57 & n.6 (1978).
  • State v. Fernald 462 A.2d 122 N.H. 1983
    Thus, the issue of whether the prejudicial effect of admitting the rifle and the shotgun was greater than their probative value as evidence is not properly before us. See State v. Marcotte, 123 N.H. 245, 247, 459 A.2d 278, 279 (1983); State v. Cass, 121 N.H. 81, 83, 427 A.2d 1, 2-3 (1981).