STATE v. BARTON

(14094)

219 Conn. 529 (1991)

STATE OF CONNECTICUT v. TIMOTHY BARTON

Supreme Court of Connecticut.

Decision released July 16, 1991.


Attorney(s) appearing for the Case

Susan C. Marks, assistant state's attorney, with whom was Steven M. Sellers, assistant state's attorney, and, on the brief, John J. Kelly, chief state's attorney, Frank S. Maco, state's attorney, and Timothy J. Sugrue and John Dropick, assistant state's attorneys, for the appellant (state).

Walter H. Scanlon, for the appellee (defendant).

Jacob D. Zeldes, Paul F. Thomas and Shelley R. Sadin filed a brief for the Connecticut Criminal Defense Lawyers Association as amicus curiae.

PETERS, C. J., SHEA, CALLAHAN, GLASS, COVELLO, BORDEN AND SANTANIELLO, JS.


PETERS, C. J.

The sole issue in this appeal is whether, contrary to our holding in State v. Kimbro, 197 Conn. 219, 496 A.2d 498 (1985), article first, § 7, of the Connecticut constitution permits a court to determine the existence of probable cause on the basis of the "totality of the circumstances" when it reviews a search warrant application based on information provided to the police by a confidential informant...

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