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STATE v. MILLER

126 N.J. Super. 572 (1974)

316 A.2d 16

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL MILLER AND WILLIAM LORBER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1974.

Attorney(s) appearing for the Case

Mr. R. Peter Connell, Assistant Prosecutor, argued the cause for appellant (Mr. John S. Kuhlthau, Middlesex County Prosecutor, attorney; Mr. Lawrence Silver, Assistant Prosecutor, on the brief).

Mr. Michael Suffness, Assistant Deputy Public Defender, argued the cause for respondents (Mr. Stanley C. Van Ness, Public Defender, attorney).

Before Judges LYNCH, MEHLER and MICHELS.

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

By leave of court the State appeals a portion of an order suppressing evidence. Following an anonymous telephone call that a party was in progress in a certain apartment and that a large quantity of marijuana was present, police officers went to the apartment. When one knocked on the door, Officer Haskins asked that it be opened. Defendant Lorber complied with the request. When the door was opened more than...

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