The judicial inquiry into such a petition involves the identity of the person charged, the correctness of the requisition papers, whether the person is a fugitive, whether a crime is substantively charged, and, if the person has not yet been indicted, whether there has been a judicial determination of probable cause. Hinz v. Perkins, 97 N.H. 114, 82 A.2d 423 (1951); Clement v. Cox, 118 N.H. 246, 385 A.2d 841 (1978); Ierardi v. Gunter, 528 F.2d 929 (1st Cir. 1976). The judicial determination of probable cause may occur in either the demanding State or the asylum State. Clement, 118 N.H. at 247, 385 A.2d at 843.

Smith v. Helgemoe, No. 77-59 (D.N.H. 1977). See also Clement v. Cox, 118 N.H. 246, 385 A.2d 841 (1978). The majority opinion in Michigan v. Doran gives little indication as to whether the holding applies when there is nothing in the rendition papers that expressly states that a finding of probable cause has been made.

A number of other courts have followed the general line of analysis set out in Kirkland. See, e. g., United States ex rel. Grano v. Anderson, 446 F.2d 272 (CA3 1971); Montague v. Smedley, 557 P.2d 774 (Alaska 1976); Pippin v. Leach, 188 Colo. 385, 534 P.2d 1193 (1975); Brode v. Power, 31 Conn. Sup. 411, 332 A.2d 376 (Super.Ct. 1974); Tucker v. Virginia, 308 A.2d 783 (D.C.App. 1973); Clement v. Cox, 118 N. H. 246, 385 A.2d 841 (1978); People ex rel. Cooper v. Lombard, 45 A.D.2d 928, 357 N.Y.S.2d 323 (1974); Locke v. Burns, ___ W. Va. ___, 238 S.E.2d 536 (1977). On the other hand, some courts have rejected Kirkland's accommodation of the Fourth Amendment and the Extradition Clause.

In light of the summary nature of extradition proceedings, however, it is not necessary for us to look behind the determination of probable cause made in Massachusetts. Clement [v. Cox], 118 N.H. 246 (1978). The admissibility of evidence seized when the plaintiff was illegally arrested in New Hampshire can be properly determined in Massachusetts.

We note that this is the third case involving the sufficiency of rendition papers to reach this court in a little more than a year. See Clement v. Cox, 118 N.H. 246, 385 A.2d 841 (1978); Smith v. Helgemoe, 117 N.H. 91, 369 A.2d 218 (1977). Although we upheld the sufficiency of the papers in Smith, the federal district court thereafter held them to be insufficient. Smith v. Helgemoe, No. 77-59 (D.N.H. 1977).