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STATE v. LAMONTAGNE

No. 91-345.

136 N.H. 575 (1992)

THE STATE OF NEW HAMPSHIRE v. ANDREW M. LAMONTAGNE & a.

Supreme Court of New Hampshire.

December 31, 1992.

Attorney(s) appearing for the Case

John P. Arnold, attorney general (Brian R. Graf, assistant attorney general, on the brief and orally), for the State.

Law Office of Robert I. Morgan, P.C., of Claremont (Robert I. Morgan, on the brief and orally), for the defendants Andrew M. Lamontagne and Richard Arcand.

James E. Duggan, chief appellate defender, of Concord, by brief and orally, for the defendant Francis Sherman.

THAYER, J.

This appeal by the State follows the Superior Court's (Morrill, J.) grant of the defendants' motion to suppress evidence of the defendants' telephone conversations with police officers, and the fruits thereof, where the officers answered telephones while executing search warrants at separate residences. The common legal issue before us is whether the police, in answering the telephones, violated RSA chapter 570-A, the wiretapping and eavesdropping...

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