Murphy and Silverman, JJ., dissent in the following memorandum by Silverman, J.
I agree with the Trial Judge that there was no probable cause for the police officer to believe that the defendant was committing a crime or other probable cause for a search of the closed cardboard box which as it turned out contained weapons. However, in my view, the evidence does not support the finding of the Trial Judge that the defendant had abandoned the cardboard box when he laid...
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