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