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STATE v. KELLENBECK

No. 83-128

124 N.H. 760 (1984)

THE STATE OF NEW HAMPSHIRE v. STEPHEN D. KELLENBECK

Supreme Court of New Hampshire

April 13, 1984

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (John A. Malmberg, assistant attorney general, on the brief and orally), for the State.

John A. Macoul, of Salem, by brief and orally, for the defendant.

BROCK, J.

The defendant appeals his conviction of being a felon in possession of a firearm. RSA 159:3 (Supp. 1983). The issues presented are: (1) whether there was probable cause to support the issuance of a search warrant; and (2) assuming the validity of the search warrant, whether the scope of the actual search, pursuant to the warrant, amounted to an impermissible general exploratory search. For the reasons which follow...

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