STATE v. MIDDLETON

(7208)

20 Conn. App. 321 (1989)

STATE OF CONNECTICUT v. BARBARA MIDDLETON STATE OF CONNECTICUT v. BENJAMIN MIDDLETON

Appellate Court of Connecticut.

Decision released December 12, 1989.


Attorney(s) appearing for the Case

Susann E. Gill, assistant state's attorney, with whom, on the brief, were John M. Bailey, state's attorney, and Carolyn K. Longstreth and T. R. Paulding, assistant state's attorneys, for the appellant (state).

Robert L. Holzberg, assistant public defender, for the appellee (defendant Barbara Middleton).

BORDEN, SPALLONE and LAVERY, JS.


BORDEN, J.

The state appeals, with the permission of the trial court, from the judgment dismissing the informations against the defendants upon finding no probable cause to arrest pursuant to Practice Book § 650.1 The dispositive issue is whether the court erred in applying the exclusionary rule during a § 650 preliminary hearing. We find error.

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