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STATE v. RATUSHNY

82 N.J. Super. 499 (1964)

198 A.2d 131

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HAROLD RATUSHNY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1964.

Attorney(s) appearing for the Case

Mr. H. Douglas Stine, Union County Prosecutor, argued the cause for appellant.

Mr. Leo Kaplowitz argued the cause for respondent.

Before Judges CONFORD, FREUND and SULLIVAN.

The opinion of the court was delivered by FREUND, J.A.D.

The State was granted leave to appeal an order of the Union County Court to quash a search warrant and to suppress the evidence obtained in pursuance thereof. It was held below that the facts set forth in the affidavit were insufficient to sustain the issuance of the warrant. The search warrant was issued on the basis of an affidavit made by a lieutenant of county...

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