1. Home
  2. Browse Decisions
  3. N.J.
  4. 123 N.J.
  5. 123 N.J. Super. 513 (1973)
 

STATE v. McCARTHY

123 N.J. Super. 513 (1973)

303 A.2d 626

STATE OF NEW JERSEY, PLAINTIFF, v. JAMES J. McCARTHY, JR., DEFENDANT.

Superior Court of New Jersey, Essex County Court, Law Division — Criminal.

Decided April 6, 1973.

Attorney(s) appearing for the Case

Mr. James Fagan, Assistant Prosecutor of Essex County, for plaintiff (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. Joseph E. Fund for defendant.

Mr. David S. Baime, Deputy Attorney General, for Mr. George F. Kugler, Jr., Attorney General of New Jersey, amicus curiae (Mr. Alfred J. Luciani on the brief).

ANTELL, J.C.C.

On this motion to suppress the results of a Breathalyzer test in a drunken driving prosecution, N.J.S.A. 39:4-50, the defendant's claim of invalidity rests upon the assertion that his prior arrest without a warrant was illegal because performed by a police officer who was then acting outside the territorial limits of the municipality where he held his appointment and where the offense occurred.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases