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STATE v. PARKER

153 N.J. Super. 481 (1977)

380 A.2d 291

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM EARL PARKER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 1, 1977.

Attorney(s) appearing for the Case

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for appellant (Ms. Elaine Zamula, Assistant Prosecutor, of counsel and on the brief).

Mr. Stanley C. VanNess, Public Defender of New Jersey, attorney for respondent (Mr. Paul M. Klein, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges HALPERN, LARNER and KING.

KING, J.A.D.

We granted the State's motion for leave to appeal from the trial court's ruling in favor of defendant's motion to suppress a sawed-off shotgun as evidence in this criminal prosecution. The trial judge found the shotgun was seized by the police following "a fishing expedition not based upon reasonable cause." We agree and affirm.

Defendant was indicted for possession of a sawed-off shot-gun, in violation of N.J.S.A. 2A:151-41. The following...

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