Cited by
Opinions in New Hampshire that cite State v. Maya, 493 A.2d 1139.
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State v. Lantagne
83 A.3d 397
N.H. 2013
Ct. R. 94 (State bears *777 burden of proof at suppression hearings); cf. State v. Martin, 145 N.H. 362, 364 (2000) (State bears burden of establishing legality of search at suppression hearing); State v. Maya, 126 N.H. 590, 595 (1985) (State had burden to justify defendant’s detention as a legitimate investigatory stop).
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State v. Smith
908 A.2d 786
N.H. 2006
State v. Maya, 126 N.H. 590, 595 (1985); see also State v. Schneider, 124 N.H. 242, 243 (1983).
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State v. McKinnon-Andrews
846 A.2d 1198
N.H. 2004
State v. Parker, 127 N.H. 525, 531 (1985) (officer “may take whatever additional action which would warrant a man of reasonable caution under the circumstances to take” (quotations omitted)); State v. Maya, 126 N.H. 590, 595-96 (1985) (questioning within scope because officer’s suspicion not yet dispelled and stop lasted three minutes); Glaude, 131 N.H. at 222 (permissible to ask defendant for name and vehicle registration because this was “the routine and prudent first step in any investigative
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State v. Spaulding
794 A.2d 800
N.H. 2002
Because the New Hampshire Constitution is at least as protective as the Federal Constitution in this area, we need not undertake a separate federal analysis, see State v. McLellan, 139 N.H. 132, 136-37 (1994), and cite federal law only to aid our analysis, see State v. Maya, 126 N.H. 590, 594 (1985).
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State v. Graf
726 A.2d 1270
N.H. 1999
We will first examine the State Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), utilizing cases from federal courts and other jurisdictions to aid in our analysis, see State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Rayes
703 A.2d 1381
N.H. 1997
State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985); State v. Ball, 124 N.H. 226, 232-33, 471 A.2d 347, 351-52 (1983).
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Appeal of Grimm
692 A.2d 508
N.H. 1997
V, XIV We address Dr. Grimm’s State constitutional claim first, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law solely to aid in our analysis.
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Millette v. Warden, New Hampshire State Prison
692 A.2d 963
N.H. 1997
We first address the petitioner’s arguments under our State Constitution, State v. Ball, 124 N.H. 226, 232, 471 A.2d 347, 351 (1983), and consider federal law solely as an analytical aid.
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State v. Quezada
681 A.2d 79
N.H. 1996
We address the defendant’s claim first under the State Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), relying on federal cases only as an aid to our analysis, State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Pinkham
679 A.2d 589
N.H. 1996
We decide this case based on our interpretation of the New Hampshire Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), using federal law only as a guide to our analysis, see State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Roach
677 A.2d 157
N.H. 1996
The scope of the stop “must be carefully tailored to its underlying justification” — to confirm or dispel the officer’s particular suspicion — and “must be temporary and last no longer than is necessary to effectuate the purpose of the stop.” State v. Maya, 126 N.H. 590, 595, 493 A.2d 1139, 1143 (1985).
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State v. Thornton
669 A.2d 791
N.H. 1995
We address the defendant’s arguments first under the State Constitution, State v. Ball, 124 N.H. 226, 232, 471 A.2d 347, 351 (1983), considering federal law only as an analytical aid, State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Roy
668 A.2d 41
N.H. 1995
We base our decision on the New Hampshire Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), and cite federal law only to aid our analysis.
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State v. Justus
666 A.2d 1353
N.H. 1995
We address the defendant’s claims first under the State Constitution, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), considering federal law only as an analytical aid, State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Westover
666 A.2d 1344
N.H. 1995
We look to the decisions of other jurisdictions for assistance in resolving the State constitutional issues before us. See State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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Knowles v. Warden, State Prison
666 A.2d 972
N.H. 1995
We first address the plaintiff’s claim under the State Constitution, see State v. Ball, 124 N.H. at 231, 471 A.2d at 350, citing federal law only as it aids our analysis.
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State v. Laforest
665 A.2d 1083
N.H. 1995
We analyze his claim under the State Constitution first, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 351 (1983), citing federal cases only as they are useful to our analysis, State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Grant-Chase
665 A.2d 380
N.H. 1995
We cite “decisions of the Supreme Court of the United States and of courts of other jurisdictions for their helpfulness in analyzing and deciding the State issue.” State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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Diamontopoulas v. State
664 A.2d 81
N.H. 1995
We cite federal eases only as an aid to our analysis, see State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985), because the New Hampshire Constitution is at least as protective as the Federal Constitution in this area.
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State v. Newcomb
663 A.2d 613
N.H. 1995
The New Hampshire Constitution is at least as protective as the Federal Constitution in this area, and we therefore decide this case under the State Constitution, employing federal cases to aid in our analysis.
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State v. Lucius
663 A.2d 605
N.H. 1995
We first address the defendant’s claim under the State Constitution, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only as an aid to our analysis.
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State v. Drewry
661 A.2d 1181
N.H. 1995
We address the defendant’s claim under the State Constitution first, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), and cite federal law only as an aid to our analysis.
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Caspersen v. Town of Lyme
661 A.2d 759
N.H. 1995
In deciding this case, we first look to our own State Constitution, and then, if necessary, to the Federal Constitution to determine whether it provides the plaintiffs greater rights, State v. Ball, 124 N.H. 226, 232, 471 A.2d 347, 351 (1983), citing decisions of federal courts and courts of other jurisdictions when helpful in analyzing and deciding the State issue.
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Appeal of Booker
653 A.2d 1084
N.H. 1995
Because the free speech rights of government employees are granted at least as much protection under the New Hampshire Constitution as under the United States Constitution, we make no separate federal analysis, State v. Ball, 124 N.H. 226, 231-32, 471 A.2d 347, 350-51 (1983), and cite federal cases as an aid to our analysis.
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State v. Laurie
653 A.2d 549
N.H. 1995
In assessing this claim, we cite “decisions of the Supreme Court of the United States and of courts of other jurisdictions for their helpfulness in analyzing and deciding the State issue.” State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985); see State v. Ball, 124 N.H. 226, 231-32, 471 A.2d 347, 350-51 (1983).
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In re Smith
652 A.2d 154
N.H. 1994
We address Dr. Smith’s State constitutional claim first, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only if it aids our analysis.
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State v. Crooker
651 A.2d 470
N.H. 1994
In deciding this case, we first look to our own State Constitution, and then if necessary to the Federal Constitution to determine whether it provides the defendant greater protection, State v. Ball, 124 N.H. 226, 232, 471 A.2d 347, 351 (1983), citing decisions of federal courts and courts of other jurisdictions when helpful in analyzing and deciding the State issue.
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State v. Davis
650 A.2d 1386
N.H. 1994
We address the defendant’s claims first under the State Constitution, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), considering federal law only as an analytical aid, State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Gagnon
651 A.2d 5
N.H. 1994
Where, as here, the Federal Constitution provides no greater protection to the defendant, State v. LaFountain, 138 N.H. 225, 227, 636 A.2d 1028, 1029 (1994), we make no separate federal analysis.
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State v. McLellan
649 A.2d 843
N.H. 1994
We base our decision on the New Hampshire Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), and cite federal law only to aid our analysis, see State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Little
645 A.2d 665
N.H. 1994
We base our decision on our interpretation of the due process clause of the New Hampshire Constitution, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), and use federal decisions only as occasional guides to our analysis, see State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Christy
639 A.2d 261
N.H. 1994
We address the defendant’s State constitutional claim first, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only to aid our analysis.
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State v. LaFountain
636 A.2d 1028
N.H. 1994
We address the defendant’s State constitutional claim first, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only to aid our analysis.
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State v. Wong
635 A.2d 470
N.H. 1993
We address the defendant’s State constitutional claim first, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only to aid our analysis.
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In re Grimm
635 A.2d 456
N.H. 1993
We address Dr. Grimm’s State constitutional claim first, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only if it aids our analysis.
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State v. Hannan
631 A.2d 531
N.H. 1993
We address the defendant’s State constitutional claim first, see State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only to aid our analysis.
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State v. Jaroma
630 A.2d 1173
N.H. 1993
We independently consider the defendant’s claims first under the State Constitution, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing to federal law only as an aid in our analysis, State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Noel
628 A.2d 692
N.H. 1993
We independently consider the defendant’s claims first under the State Constitution, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing to federal law only as an aid in our analysis, State v. Maya, 126 N.H. 590, 594, 493 A.2d 1139, 1143 (1985).
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State v. Reid
605 A.2d 1050
N.H. 1992
The defendant concedes that the police had sufficient justification to seize him for a brief investigative stop.
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State v. Gravel
601 A.2d 678
N.H. 1991
We have never had occasion to decide “whether the ‘fruit of the poisonous tree’ doctrine would forbid reliance on illegally obtained evidence for the purpose of establishing probable cause.” State v. Maya, 126 N.H. 590, 599, 493 A.2d 1139, 1146 (1985).
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State v. Pellicci
580 A.2d 710
N.H. 1990
To this end, we require the investigating officer to have undertaken the stop on the basis of a reasonable suspicion that the person detained had committed, was committing, or was about to commit a crime, State v. Maya, 126 N.H. 590, 595, 493 A.2d 1139, 1143 (1985), and we insure that the adequacy of this suspicion is the subject of neutral scrutiny by requiring the officer to ‘“be able to point to specific and articulable facts which, taken together with rational inferences from those facts, re
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State v. Glaude
552 A.2d 85
N.H. 1988
State v. Brodeur, supra at 415, 493 A.2d at 1137-38; see also State v. Maya, 126 N.H. 590, 595, 493 A.2d 1139, 1143 (1985).
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State v. Chaloux
546 A.2d 1081
N.H. 1988
Florida v. Royer, 460 U.S. 491, 500 (1983); State v. Maya, 126 N.H. 590, 595, 493 A.2d 1139, 1143 (1985).
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State v. Houtenbrink
539 A.2d 714
N.H. 1988
We have held.that even where such tracking evidence was insufficient, in and of itself, to establish probable cause, it was nevertheless entitled to some weight as an indicator of the path which the perpetrator of a crime had taken from the crime scene.
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State v. Parker
503 A.2d 809
N.H. 1985
He argues that the victim’s testimony would not have been discovered without the illegal stop, and is thus the “fruit of a poisonous tree” because it was tainted by the illegality of the stop.
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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).