STATE v. CHANCE


71 N.J. Super. 77 (1961)

176 A.2d 307

THE STATE OF NEW JERSEY, PLAINTIFF, v. ROBERT CHANCE, DEFENDANT.

Superior Court of New Jersey, Essex County Court.

Decided December 4, 1961.


Attorney(s) appearing for the Case

Mr. Charles C. Carella, Assistant Prosecutor, argued the cause for plaintiff (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney).

Mr. John S. Bender argued the cause for defendant (Messrs. Marley, Winkelried & Hillis, attorneys).


CRANE, J.C.C.

This is an application to suppress the introduction into evidence of four marijuana cigarettes obtained by police officers from the defendant upon the allegation that the cigarettes were obtained unlawfully, in violation of the defendant's constitutional rights under the Fourth and Fifth Amendments of the United States Constitution.

When apprehended, the defendant was in a restaurant in Newark. He testified that a detective and two police...

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