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STATE v. MCLELLAN

No. 98-239.

144 N.H. 602 (1999)

THE STATE OF NEW HAMPSHIRE v. WAYNE MCLELLAN

Supreme Court of New Hampshire.

December 30, 1999.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (N. William Delker, assistant attorney general, on the brief and orally), for the State.

Cooper, Deans & Cargill, P.A., of North Conway (Randall F. Cooper, on the brief and orally), for the defendant.

BROCK, C.J.

The State appeals a decision of the District Court for Northern Carroll County (Albee, J.) granting the motion of the defendant, Wayne McLellan, to suppress evidence obtained as a result of video surveillance. We reverse and remand.

The following facts were either stipulated to by the parties or found by the district court. On or about December 6, 1996, Steven Kelly, principal of Conway Elementary School, notified Sergeant Jeff Dicey of...

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