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STATE v. WEISS

Nos. 87-214, 88-106.

587 A.2d 73 (1990)

STATE of Vermont v. Michael I. WEISS and Jeffrey Weiss.

Supreme Court of Vermont.

Motion for Reargument Denied January 4, 1991.

Attorney(s) appearing for the Case

Philip H. White, Orleans County State's Atty., Newport, and Thomas M. Kelley, Drug Prosecutor, Dept. of State's Attys., Montpelier, for plaintiff-appellant.

Rubin, Rona, Kidney & Myer, Barre, for defendant-appellee Michael Weiss.

Gaston, Durrance & Fairbanks, Montpelier, for defendant-appellee Jeffrey Weiss.

Before ALLEN, C.J., PECK, DOOLEY and MORSE, JJ., and KATZ, Superior Judge, Specially Assigned.

PECK, Justice.

This interlocutory appeal turns on whether the affidavits in support of a search warrant issued by Judge Pineles for the residence of defendant Michael Weiss set forth facts establishing probable cause and whether Judge Pineles had reasonable cause to authorize a nighttime search of the premises. See State v. Brown, 151 Vt. 533, 535, 562 A.2d 1057, 1058 (1989) (critical inquiry for judge issuing warrant is whether...

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