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STATE v. WHITING

No. 84-100

127 N.H. 110 (1985)

THE STATE OF NEW HAMPSHIRE v. DALE R. WHITING

Supreme Court of New Hampshire.

August 15, 1985

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Paul Barbadoro, assistant attorney general, on the brief, and Donald Perrault, assistant attorney general, orally), for the State.

Moulton, Smith, Samaha, and Vaughan, of Littleton (Timothy J. Vaughan on the brief and orally), for the defendant.

BROCK, J.

The issue presented in this interlocutory appeal is whether the Superior Court (Johnson, J.) erred in denying the defendant's motion to suppress evidence seized, when it ruled that based on pre-existing law, a good faith exception to the exclusionary rule of State v. Ball, 124 N.H. 226, 471 A.2d 347 (1983) should apply in this case. Because we agree with the trial court's denial of the motion to suppress, although...

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