CASHEN v. SPANN


66 N.J. 541 (1975)

334 A.2d 8

PAUL CASHEN AND IRENE CASHEN, HIS WIFE, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. FRANK SPANN, ROBERT BICKLEY, JOHN DUNNE, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND CHARLES M. EGAN, JR., ANTHONY DE BIASI, COUNTY OF MORRIS, AND NEW JERSEY BELL TELEPHONE COMPANY, DEFENDANTS-RESPONDENTS, AND THE STATE OF NEW JERSEY, INTERVENOR-APPELLANT.

The Supreme Court of New Jersey.

Decided February 25, 1975.


Attorney(s) appearing for the Case

Mr. Stephen S. Weinstein argued the cause for defendants-appellants and cross-respondents, Frank Spann, Robert Bickley and John Dunne (Mr. Herbert M. Korn, on the brief).

Mr. Joseph S. Accardi argued the cause for plaintiffs-respondents and cross-appellants, Paul Cashen and Irene Cashen (Messrs. Accardi & Koch, attorneys; Mr. Accardi, on the brief).

Mr. Richard W. Berg, Deputy Attorney General of New Jersey, argued the cause for intervenor-appellant, The State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Berg, of counsel and on the brief).

Mr. William T. McElroy argued the cause for defendants-respondents, Charles M. Egan, Jr., Anthony De Biasi, and County of Morris (Messrs. McElroy, Connell, Foley & Geiser, attorneys; (Mr. McElroy, of counsel; Mr. Edward B. Deutsch, on the brief).

Mr. Charles A. Sweeney argued the cause for defendant-respondent, New Jersey Bell Telephone Company.


The opinion of the Court was delivered by PASHMAN, J.

This is a civil action for damages arising out of an allegedly illegal search of plaintiffs' home. On June 19, 1970 detectives of the Morris County Prosecutor's Office and police officers from the Borough of Wharton executed a search warrant at plaintiffs' residence seeking evidence of gambling activity. The detectives allegedly relied upon information provided by a "reliable informer" in preparing the affidavit...

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