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IN RE FINGERPRINTING OF M.B.

125 N.J. Super. 115 (1973)

309 A.2d 3

IN THE MATTER OF THE FINGERPRINTING OF M.B. AND TWENTY-ONE OTHER JUVENILES.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 1973.

Attorney(s) appearing for the Case

Mr. David R. Arrajj, Assistant Deputy Public Defender, argued the cause for M.B. and 21 other juveniles, appellants (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Michael J. Mitzner, Assistant Prosecutor of Union County, argued the cause for respondent State of New Jersey (Mr. Karl Asch, Prosecutor, attorney; Mr. Michael H. Kessler, Assistant Prosecutor, on the brief).

Before Judges CONFORD, LEONARD and CRAHAY.

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

We have here for consideration the question of whether or to what extent the Fourth Amendment controls or affects compulsion by a court, at the instance of a law enforcement officer, of citizens to cooperate in yielding their fingerprints to the authorities in order to help solve a crime.

On July 10, 1973 Judge Weidenburner, on the filing of an affidavit by an Elizabeth police detective, and at the...

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