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STATE v. RUOTOLO

52 N.J. 508 (1968)

247 A.2d 1

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANGELO B. RUOTOLO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 21, 1968.

Attorney(s) appearing for the Case

Mr. Thomas J. Shamy argued the cause for defendant-appellant.

Mr. Christopher R. Wood, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Edward J. Dolan, Middlesex County Prosecutor, attorney; Mr. Christopher R. Wood on the brief).

The opinion of the court was delivered by PROCTOR, J.

The sole question before us is whether an arrest warrant for a misdemeanor may constitutionally be issued by a deputy clerk of a municipal court, as permitted by statute and court rules. Defendant contends that a deputy clerk is not an impartial judicial officer as required by the United States Supreme Court's interpretation of the fourth amendment.1

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