STATE v. AMANIERA


132 N.J. Super. 597 (1974)

334 A.2d 398

STATE OF NEW JERSEY, PLAINTIFF, v. JOHN J. AMANIERA, DEFENDANT.

Superior Court of New Jersey, Middlesex County Court, Law Division.

December 18, 1974.


Attorney(s) appearing for the Case

Mr. Ronald G. Kercado, Assistant Prosecutor, for the State (Mr. C. Judson Hamlin, Acting Prosecutor of Middlesex County, attorney).

Mr. Jeffrey Weingard, of the New York Bar, for defendant.


COHEN, J.C.C.

Defendant was indicted for causing death by auto. He moves for suppression of blood alcohol test results on two theses: first, that the test arose out of a confidential physician-patient relationship, and second, that the results were the fruits of an unlawful seizure of his blood in violation of the Fourth Amendment.

I find the following facts: On August 13, 1973 defendant was involved as a driver in an automobile accident. A passenger in defendant...

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