As the Tenth Circuit aptly noted, "the `identity* language in Lopez-Mendoza refers only to jurisdiction over a defendant and does not apply to evidentiary issues pertaining to the admissibility of evidence obtained as a result of an illegal arrest and challenged in a criminal proceeding.'' Id.; see also State v. Greene, 120 N.H. 663, 664 (1980) ("An illegal arrest, without more, is neither a bar to subsequent prosecution nor a defense to a valid conviction. Whether the arrest was legal or not is immaterial unless evidence is obtained as the result of the allegedly illegal detention.
State courts considering this issue are overwhelmingly in agreement. State v. Block, 270 Ark. 671, 672, 606 S.W.2d 362 (1980); Lackey v. State, 246 Ga. 331, 333-34, 271 S.E.2d 478 (1980); State v. Watson, 99 Idaho 694, 697, 587 P.2d 835 (1978); State v. Greene, 120 N.H. 663, 664, 421 A.2d 132 (1980); State v. Beck, 584 P.2d 870, 872 (Utah 1978); see Borden Jaffe, "The Trouble with Licari; Irony and Anomaly," 55 Conn. B.J. 463, 478-79 (1981). To the extent that State v. Saidel, 159 Conn. 96, 267 A.2d 449 (1970), rested on the holding of State v. Licari, 153 Conn. 127, 214 A.2d 900 (1965), it too is overruled.
In accordance with these decisions, we reaffirm our view that "[a]n illegal arrest, without more, is neither a bar to subsequent prosecution nor a defense to a valid conviction." State v. Greene, 120 N.H. 663, 664, 421 A.2d 132, 133 (1980); see State v. Keating, 108 N.H. 402, 403-04, 236 A.2d 684, 684-85 (1976). But see State v. Goff, 118 N.H. 724, 399 A.2d 562 (1978).