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STATE v. BALLOU

No. 85-021.

535 A.2d 1280 (1987)

STATE of Vermont v. Gregory R. BALLOU.

Supreme Court of Vermont.

September 11, 1987.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Susan R. Harritt, Asst. Atty. Gen., and Stephen Norten, Law Clerk, on the brief, Montpelier, William D. Wright, Bennington County Deputy State's Atty., Bennington, and J. Paul Potash, Burlington, Historical Consultant, on the brief, for plaintiff-appellant.

David W. Curtis, Defender General, David Carpenter, Appellate Defender, and Gregory Wirth, Law Clerk, on the brief, Montpelier, for defendant-appellee.

Before ALLEN, C.J., DOOLEY, J., BARNEY, C.J. (Ret.), KEYSER, J. (Ret.), and SPRINGER, District Judge (Ret.), Specially Assigned.

DOOLEY, Justice.

Based on evidence obtained by two separate searches of his person, each pursuant to authority of a warrant, defendant was charged with two counts of possession of a regulated drug with intent to sell, in violation of 18 V.S.A. § 4224(f)(1)(A). Defendant moved to suppress the evidence by pretrial motion, contending that the warrants were not founded on probable cause. The trial court concluded that the affidavit supporting the first warrant lacked...

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