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STATE v. WHITTINGTON

142 N.J. Super. 45 (1976)

359 A.2d 881

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JULIUS H. WHITTINGTON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1976.

Attorney(s) appearing for the Case

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for appellant (Mr. R. Benjamin Cohen, Assistant Prosecutor, of counsel and on the brief).

Messrs. Herrmann & Blasi, attorneys for respondent (Mr. Robert R. Blasi on the brief).

Before Judges CARTON, CRAHAY and HANDLER.

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

On leave granted, the State appeals from an order suppressing evidence seized during a warrantless search of an automobile in which defendant was an occupant.

The principal issue is whether the prosecution must prove the lawfulness of warrantless searches beyond a reasonable doubt or does a preponderance of the proofs on the question satisfy constitutional requirements.

Defendant was indicted...

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