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DEL PRESTO v. DEL PRESTO

92 N.J. Super. 305 (1966)

223 A.2d 217

ROSE DEL PRESTO, PLAINTIFF, v. ANTHONY DEL PRESTO, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

September 22, 1966.

Attorney(s) appearing for the Case

Mr. Herman E. Dultz, attorney for plaintiff.

Mr. Harold M. Savage, attorney for defendant.

CONSODINE, J.C.C. (temporarily assigned).

Defendant seeks to bar the admissibility of evidence secured by illegal forcible entry into the corespondent's home by plaintiff and private investigators. The motion raises the broad question of whether Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed. 1081 (1961), as decided or extended by subsequent decisional law, applies to civil as well as criminal cases.

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