Cited by
Opinions in New Hampshire that cite State v. Carroll, 552 A.2d 69.
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State v. Stern
846 A.2d 64
N.H. 2004
Valenzuela, 130 N.H. at 191; State v. Carroll, 131 N.H. 179, 191 (1988).
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State v. McMinn
737 A.2d 1093
N.H. 1999
The application for a search warrant need only contain sufficient facts and circumstances to establish “a substantial likelihood that the items sought will be found in the place to be searched.” State v. Carroll, 131 N.H. 179, 184-85, 552 A.2d 69, 72 (1988).
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State v. Cannuli
722 A.2d 450
N.H. 1998
We analyze the State’s claim first under the New Hampshire Constitution, making “reference to decisions of the United States Supreme Court and other jurisdictions only for the purpose of aiding our State constitutional analysis.” State v. Carroll, 131 N.H. 179, 184, 552 A.2d 69, 72 (1988).
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State v. Fish
703 A.2d 1377
N.H. 1997
Part I, article 19 of the New Hampshire Constitution requires a determination of probable cause before a search warrant may be issued.
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State v. Daniel
694 A.2d 989
N.H. 1997
We have consistently interpreted this language as requiring that warrants be based on a determination of probable cause.
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State v. Johnson
669 A.2d 222
N.H. 1995
We analyze the defendant’s claim under the State Constitution first, State v. Ball, 124 N.H. 226, 231-32, 471 A.2d 347, 350-51 (1983), and reach his federal claim only if the Federal Constitution provides greater protection.
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State v. Christy
639 A.2d 261
N.H. 1994
Illinois v. Gates, 462 U.S. 213 (1983); State v. Carroll, 131 N.H. 179, 552 A.2d 69 (1987).
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State v. Jaroma
625 A.2d 1049
N.H. 1993
“The appropriate focus in attacking a facially valid warrant on the ground that it contains misrepresentations is whether it contains misrepresentations made by the affiant, the police officer.” State v. Carroll, 131 N.H. 179, 191, 552 A.2d 69, 76 (1988); see also Rugendorf v. United States, 376 U.S. 528, 533 (1964).
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State v. Decoteau
623 A.2d 1338
N.H. 1993
We have interpreted this language as a requirement for probable cause.
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State v. Silvestri
618 A.2d 821
N.H. 1992
Under the totality-of-the-circumstances test adopted by this court in State v. Carroll, 131 N.H. 179, 187, 552 A.2d 69, 73 (1988), an informant’s veracity and basis for knowledge remain important factors to be considered when determining if probable cause exists.
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State v. Wilkinson
612 A.2d 926
N.H. 1992
Unlike State v. Davis, 133 N.H. 211, 575 A.2d 4 (1990), and State v. Carroll, 131 N.H. 179, 552 A.2d 69 (1988), where the informants were anonymous, the informant here revealed her identity and her relationship to the defendant.
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State v. Caicedo
599 A.2d 895
N.H. 1991
This court has often stated the rule that “[reviewing courts should pay great deference to a magistrate’s determination of probable cause and should not invalidate a warrant by interpreting the evidence submitted in a hypertechnical sense.” State v. Carroll, 131 N.H. 179, 187, 552 A.2d 69, 73 (1988) (citations omitted).
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State v. Diaz
596 A.2d 725
N.H. 1991
While the record, as we have reviewed it above, discloses a reasonable basis for suspecting the defendant’s involvement, it is barren of specific facts which could support a finding of probable cause to enter and search the motel room.
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State v. Davis
575 A.2d 4
N.H. 1990
tution, and the fourth amendment of the National Constitution: “‘[G]iven all the circumstances set forth in the affidavit before [the magistrate], including the “veracity” and “basis of knowledge” of persons supplying hearsay information, [was there] a fair probability that contraband or evidence of a crime [would] be found in [the] particular place [described in the warrant?]”’ State v. Carroll, 131 N.H. 179, 186, 552 A.2d 69, 73 (1988) (quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)).
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State v. Hazen
552 A.2d 77
N.H. 1988
In an opinion which we have today issued, we adopted a totality-of-the-circumstances test, similar to the one adopted by the United States Supreme Court in Illinois v. Gates, as the appropriate standard to be applied under part I, article 19 of the New Hampshire Constitution when determining the validity of a search warrant, based upon information obtained from an informant.