STATE v. VARGAS


160 N.J. Super. 235 (1978)

389 A.2d 511

THE STATE OF NEW JERSEY, PLAINTIFF, v. JUAN VARGAS/JESUS IRIZARRY, DEFENDANTS.

Superior Court of New Jersey, Law Division (Criminal).

Decided May 30, 1978.


Attorney(s) appearing for the Case

Mr. J. Patrick McMorrow for defendant Vargas.

Mr. Ronald Sage for defendant Irizarry.

Mr. Douglas Wain for the State (Mr. Clinton E. Cronin, Prosecutor of Monmouth County, attorney).


SHEBELL, J.C.C.

Defendants seek to suppress evidence seized upon residential property under authority of a search warrant. The police authorities searched the two-story house described in the warrant, together with a small white outbuilding, seeking evidence of an illegal "still" alleged to be used in manufacturing untaxed alcoholic beverages. Evidence was discovered and seized only in the outbuilding and not in the dwelling house.

The warrant, based upon...

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