12 New Hampshire opinions name it 1 courts 1985–2020 0 in the last five years
The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Canelogreen2 sentences2005We also declined to adopt a good faith exception to the exclusionary rule because it was “incompatible with and detrimental to our citizens’ strong right of privacy inherent in part I, article 19.” Id. 2003We also declined to adopt a good faith exception to the exclusionary rule because we found it “incompatible with and detrimental to our citizens’ strong right of privacy inherent in part I, article 19 and the prohibition against the issuance of warrants without probable cause.” Id. | 2 | 5 |
Conservatorship of Drabickgreen2 sentences2020As observed by the California Court of Appeals, the good faith standard in this context “precludes a decision affected by a material 11 conflict of interest” and “requires the [guardian] to consider the available information relevant to the [ward’s] best interests.” Conservatorship of Drabick, 245 Cal. Rptr. at 861 . 2020See id. at 861 (noting that the good faith standard in this context “requires the conservator to consider the available information relevant to the conservatee’s best interests”). | 1 | 1 |
United States v. Leongreen1 sentence2012We held in Canelo that the good faith exception to the exclusionary rule is “incompatible with and detrimental to our citizens’ strong right of privacy inherent in part I, article 19 and the prohibition against the issuance of warrants without probable cause.” Id.; cf. United States v. Leon, 468 U.S. 897, 913 (1984) (adopting federal good faith exception). | 1 | 1 |
Carini v. Artuzgreen1 sentence2003See Lowery v. Circuit City Stores, Inc., 206 F.3d 431, 446 (4th Cir.), cert. denied, 531 U.S. 822 (2000). | 1 | 1 |
cluster 767977green1 sentence2003See Lowery v. Circuit City Stores, Inc., 206 F.3d 431, 446 (4th Cir.), cert. denied, 531 U.S. 822 (2000). | 1 | 1 |
Piper v. Meredithgreen1 sentence2002See Piper, 110 N.H. at 299 . | 1 | 1 |
Roberts v. General Motors Corp.green1 sentence1999See id. | 1 | 1 |
State v. Sterndalegreen2 sentences1996See, e.g., Sterndale, 139 N.H. at 449-50 , 656 A.2d at 412 (rejecting an automobile exception to the warrant requirement); Canelo, 139 N.H. at 387 , 653 A.2d at 1105 (rejecting a good faith exception to the exclusionary rule). 1996See, e.g., Sterndale, 139 N.H. at 449-50 , 656 A.2d at 412 (rejecting an automobile exception to the warrant requirement); Canelo, 139 N.H. at 387 , 653 A.2d at 1105 (rejecting a good faith exception to the exclusionary rule). | 1 | 1 |
Illinois v. Krullgreen1 sentence1995Illinois v. Krull, 480 U.S. 340, 362 (1987) (O’Connor, J., dissenting). | 1 | 1 |
State v. Marsalagreen1 sentence1995See State v. Marsala, 579 A.2d 58 (Conn. 1990); State v. Gutierrez, 863 P.2d 1052 (N.M. 1993); State v. Carter, 370 S.E.2d 553 (N.C. 1988); Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991); see also State v. Guzman, 842 P.2d 660 (Idaho 1992); People v. Bigelow, 488 N.E.2d 451 (N.Y. 1985); State v. Oakes, 598 A.2d 119 (Vt. 1991). | 1 | 1 |
State v. Flynngreen1 sentence1995It does this despite over 100 years of New Hampshire case law that specifically held that evidence, no matter how illegally obtained, was admissible “if it was otherwise competent and pertinent to the issue,” State v. Flynn, 36 N.H. 64, 72 (1858), and that considered and rejected the exclusionary rule under our constitution, stating that “[ujnless the majority rule is subjected to legislative change, we shall continue to follow it unless a higher judiciary requires otherwise.” Mara, 96 N.H. at 467 , 78 A.2d at 925 . | 1 | 1 |
State v. Turmellegreen2 sentences1995As early as 1989, only five years after the United States Supreme Court first recognized the good faith exception, this court stated that even if a statute were declared unconstitutional, “evidence derived from a search made by an officer relying on a statute in good faith need not be suppressed.” State v. Turmelle, 132 N.H. 148, 154 , 562 A.2d 196, 200 (1989) (emphasis added). 1995As early as 1989, only five years after the United States Supreme Court first recognized the good faith exception, this court stated that even if a statute were declared unconstitutional, “evidence derived from a search made by an officer relying on a statute in good faith need not be suppressed.” State v. Turmelle, 132 N.H. 148, 154 , 562 A.2d 196, 200 (1989) (emphasis added). | 1 | 1 |
State v. Guzmangreen1 sentence1995See State v. Marsala, 579 A.2d 58 (Conn. 1990); State v. Gutierrez, 863 P.2d 1052 (N.M. 1993); State v. Carter, 370 S.E.2d 553 (N.C. 1988); Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991); see also State v. Guzman, 842 P.2d 660 (Idaho 1992); People v. Bigelow, 488 N.E.2d 451 (N.Y. 1985); State v. Oakes, 598 A.2d 119 (Vt. 1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Beauchesne
green
1 sentence2009The defendant argues that not extending Canelo to the facts of this case would contravene our decision in Beauchesne , where we stated that “we have unequivocally rejected a good faith exception to the exclusionary rule.” Beauchesne, 151 N.H. at 819 . | 1 | 2009–2009 |
State v. Mara
green
2 sentences1995It does this despite over 100 years of New Hampshire case law that specifically held that evidence, no matter how illegally obtained, was admissible “if it was otherwise competent and pertinent to the issue,” State v. Flynn, 36 N.H. 64, 72 (1858), and that considered and rejected the exclusionary rule under our constitution, stating that “[ujnless the majority rule is subjected to legislative change, we shall continue to follow it unless a higher judiciary requires otherwise.” Mara, 96 N.H. at 467 , 78 A.2d at 925 . 1995It does this despite over 100 years of New Hampshire case law that specifically held that evidence, no matter how illegally obtained, was admissible “if it was otherwise competent and pertinent to the issue,” State v. Flynn, 36 N.H. 64, 72 (1858), and that considered and rejected the exclusionary rule under our constitution, stating that “[ujnless the majority rule is subjected to legislative change, we shall continue to follow it unless a higher judiciary requires otherwise.” Mara, 96 N.H. at 467 , 78 A.2d at 925 . | 1 | 1995–1995 |
State v. Gutierrez
green
1 sentence1995See State v. Marsala, 579 A.2d 58 (Conn. 1990); State v. Gutierrez, 863 P.2d 1052 (N.M. 1993); State v. Carter, 370 S.E.2d 553 (N.C. 1988); Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991); see also State v. Guzman, 842 P.2d 660 (Idaho 1992); People v. Bigelow, 488 N.E.2d 451 (N.Y. 1985); State v. Oakes, 598 A.2d 119 (Vt. 1991). | 1 | 1995–1995 |
State v. Oakes
green
1 sentence1995See State v. Marsala, 579 A.2d 58 (Conn. 1990); State v. Gutierrez, 863 P.2d 1052 (N.M. 1993); State v. Carter, 370 S.E.2d 553 (N.C. 1988); Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991); see also State v. Guzman, 842 P.2d 660 (Idaho 1992); People v. Bigelow, 488 N.E.2d 451 (N.Y. 1985); State v. Oakes, 598 A.2d 119 (Vt. 1991). | 1 | 1995–1995 |
Commonwealth v. Edmunds
green
1 sentence1995See State v. Marsala, 579 A.2d 58 (Conn. 1990); State v. Gutierrez, 863 P.2d 1052 (N.M. 1993); State v. Carter, 370 S.E.2d 553 (N.C. 1988); Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991); see also State v. Guzman, 842 P.2d 660 (Idaho 1992); People v. Bigelow, 488 N.E.2d 451 (N.Y. 1985); State v. Oakes, 598 A.2d 119 (Vt. 1991). | 1 | 1995–1995 |
State v. Carter
green
1 sentence1995See State v. Marsala, 579 A.2d 58 (Conn. 1990); State v. Gutierrez, 863 P.2d 1052 (N.M. 1993); State v. Carter, 370 S.E.2d 553 (N.C. 1988); Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991); see also State v. Guzman, 842 P.2d 660 (Idaho 1992); People v. Bigelow, 488 N.E.2d 451 (N.Y. 1985); State v. Oakes, 598 A.2d 119 (Vt. 1991). | 1 | 1995–1995 |
People v. Bigelow
green
1 sentence1995See State v. Marsala, 579 A.2d 58 (Conn. 1990); State v. Gutierrez, 863 P.2d 1052 (N.M. 1993); State v. Carter, 370 S.E.2d 553 (N.C. 1988); Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991); see also State v. Guzman, 842 P.2d 660 (Idaho 1992); People v. Bigelow, 488 N.E.2d 451 (N.Y. 1985); State v. Oakes, 598 A.2d 119 (Vt. 1991). | 1 | 1995–1995 |
State v. Ball
green
2 sentences1985The issue presented in this interlocutory appeal is whether the Superior Court (Johnson, J.) erred in denying the defendant’s motion to suppress evidence seized, when it ruled that based on pre-existing law, a good faith exception to the exclusionary rule of State v. Ball, 124 N.H. 226 , 471 A.2d 347 (1983) should apply in this case. 1985The issue presented in this interlocutory appeal is whether the Superior Court (Johnson, J.) erred in denying the defendant’s motion to suppress evidence seized, when it ruled that based on pre-existing law, a good faith exception to the exclusionary rule of State v. Ball, 124 N.H. 226 , 471 A.2d 347 (1983) should apply in this case. | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.